Breach of lease?

Question

My landlord has left a queen size mattress, broken TV, carpets, computer and many wooden pallets lying in the back yard for weeks that werent there when i moved in. The lease says that the landlord would keep the premises. Is i feel like im living in the projects. the landlord promised multiple time they'd remove it. they havent. im tired of waiting. and theres many other things that they have breached also. but wuld this be enough to get out of my year lease and get my deposit back?

this is a rough draft of what i want to send to my landlord....

Dear Angie Sabater,

This letter is in regards to 1212A S Boeke Rd. My residency of the last two months. I was reviewing my lease and feel as if you are not upholding your end of it. The issues I am about to state have been brought up multiple times since I moved in.

1.The wooden pallets that were next to the house on my side are now in the back yard due to my mother because they were such an eye sore. They are sitting there along with refuge from the apartment next door with a disgusting mattress, a broken TV, computer, and rolled up rugs. These items attract animals and rodents. This is not my style of living.

2.There is an odor in this home that I was assured was from the rugs that were removed. But there isn’t one person that has come to my home and not commented on the stench. I believe that the basement area under my living room is the cause of the smell due to previous pets using it as a litter box.

3.Granted you are taking care of the roach situation, I am very displeased that it was not brought to my attention before I signed the lease.

4.The basement is of no use due to what I previously stated about the smell. There are many roach bodies lying around down there and I don’t feel that I should have clean that up due to disgustingness. I most definetly would not want to use my vacuum down there as it is my own personal vaccum that I use in my living areas.

5.There was absolutely no weather stripping in the door jams. I had to seal them off with foam weather stripping.

6.Windows are so drafty that when I lit a match the flame flickered due to wind seeping through. We did attempt to tape up windows with weathering tape but still every morning I have extreme/dripping condensation on the glass.

7.The stove that was provided with the apartment is not in sync with the outlet provided, so I am forced to use an extension cord across my kitchen floor under my sink. This is not safe.

8.The lease states that you would maintain the yards appearance. There are leaves and debris everywhere.

9.I was never provided adequate garbage cans for your property.

10.The phone jack does not work in the hallway. I only have one working one in my bedroom.

11.The bathtub constantly drips warm water, which means water that I am heating and paying for.

12.I wake up with my eyes red and irritated every morning, which I believe is due to a buildup of mold in this home. Which is visible on the exterior of the house.

I work 2nd shift, and when your brother occasionally stops by I am usually in the middle of my night and not alert enough to stress what needs to be fixed or needs to be done. But I have mentioned all of the above.

I don’t want to be considered a complaining tenant, but I believe these are of just cause to discuss with you.

As you can see I have stated over ten things that are of nusiciance, and took way too long to get fixed. This is my first apartment and much more stressful than I had anticipated. I would like to request my deposit back and am giving you a full 60 days noticed that I will be leaving.

Answer 1

I've owned, managed and invested in real estate for 20 years and I could be the most miserable tenant a landlord ever met... did anyone watch the movie "Pacific Heights" ?

To get back at your landlord.. call your town Health Inspector and explain your situation. Generally, they'll send an inspector out who will find things that you didn't even know were violations !
The landlord has a certain number of days (14 in Mass.) to remedy all the problems. It can drive a landlord insane.... not me, of course.

Answer 2

It *might* be, but it's not just like that. You have to document the times you contacted them regarding the issue and show that they have failed to uphold their part of the agreement (i.e. phone calls, certified letters, etc.) Also, there needs to be a reasonable timeframe for them to correct the matter (this is subjective, but sounds like more than 2 weeks is enough).

Try this - contact them (and be firm) and tell them that they need to clean this place up b/c it's ridiculous for you to rent under these conditions - have them give you a date or set one with them for when it has to be out. (at the very least, write this down) This will create a reasonable and verifiable effort on your behalf to have them address the issue. Failure to do that should open the way to ending the contract

Just bear in mind this does not severly impose on your ability to live in the home (vs. no heat, or no water) - so it's not so clear cut - the last thing you want to do is walk out on a contract bc that can haunt your credit.

What were the other breaches?

Answer 3

a rapid little bit of learn shows that particularly distinctive residences & residences are being outfitted from new with laminate flooring outfitted, mutually as having 'gentle protecting' situations interior the hire... the stern noise insulation regs got here in 2003, so if the situation replaced into outfitted or as much as date in the previous that they do no longer stick to - yet 2003 on, the floor could be soundproofed. i will understand touch noise with the floor if people are jogging around with stressful sole footwear, yet airborne noise can merely be a construction situation of a few style? On element i spotted looking with the aid of different court docket circumstances replaced into the place people (the complainers) had outfitted recessed lights of their ceiling - which potential reducing in the process the soundproofing layers of the ceiling, so breaching the construction regs... To a minimum of quickly decrease the noise, how approximately getting gentle-soled slippers on your loved ones & travelers? in case you do flow with carpet, used a superb foam underlay and ask the providers approximately varieties that don't desire everlasting conserving strips which could harm the prevailing flooring. stressful foam underlay plus carpet tiles could be an option? See the link for the construction regs.

Answer 4

Depends on the laws in your state. In some states you would be entitled to gfive the landlord notice of conditions making the property uninhabitable or that are in breach of the lease and state you will have the offending conditions corrected and reduce your rent by the cost of doing so.

Answer 5

tell your landlord that he will remove the junk or you wont pay your rent....and if he doesn't...you dont pay...Landlord tenant disputes always favor the tenant. Im not sure about getting your deposit back...but eviction processes take at least 2 months..Im thinking the landlord has already broken the agreement.

Answer 6

Sheez like I said in your other same question about letter,time to get tough,show them that you mean business,
Keep copies of all letters sent to them and date sent..
Verbal conversations can be denied so writing does the trick...
Have a witness with you when you meet with them, otherwise they will say all types of things..
You really need to go seek legal advice if this fails what your doing with letter...Good Luck♥

Answer 7

You have to take him to court first to show that you were trying to work with him and hes not I dont think its enough for you to break the lease im sorry . I wish you all the luck i know how some of them can be.

Answer 8

Consult a paralegal.

Answer 9

Our legal system is not great. I would not chance it if i were you.