I'm pretty sure I have a standard 12 month lease agreement in Texas. The landlords/apartment owners have not kept up one of the amenities on the property that I've lived for over two years. The fitness room is full of broken equipment and that is more than likely caused by underaged children using the facility incorrectly. I wrote a letter to the manager at one point about it and was told that the equipment was being replaced with new equipment but it's been over six months and that hasn't happened. They've recently changed owners (or possibly just management companies) and now the fitness room has been completely locked up (after hours, I assume, as I'm never here when the office is open). Is there any action that I could take against the management company and/or owners? I've looked over the lease and parts of it are very vague referring to the property and not specifically amenities. Any push in the right direction will be appreciated.
2006-12-20 15:07:39 · 7 answers · asked by ? 5 in Politics & Government ➔ Law & Ethics
The fitness room is not in your lease agreement. If the owner decides to lock it up and never open it again, they can legally do that. It does not, in any way, have anything to do with your apartment and it's condition.
It might mention the room and the other amenities as far as you don't have to pay extra for them. But it won't say it is included as part of rent payment.
Perhaps they did change management companies recently. The new company might repair the amenities the previous company let go. You should have received a letter if that happened.
If this bothered me, I would take my break at work and call the office. Ask them what is going on and what they plan to do about it since nothing has been accomplished in the last six months.
2006-12-20 15:44:45 · answer #1 · answered by Anonymous · 1⤊ 1⤋
If you lease stipulates that the fitness center will be maintained to a specific standard and it is not you can probably break your lease for non-performance.
If not you are probably stuck unless you want a legal battle that will take a long time to resolve. There is just too much wiggle room for the owner or property management firm.
Also be sure that you are in total compliance with your end of the lease or your life will become miserable very quickly.
I fought a property management company once and came home to find a three day notice because I had a plant on my porch and a hummingbird feeder hung from the eve.
They ultimately paid my moving expenses and refunded my full deposit when I agreed not to renew my lease and be quiet, but I would not do it again.
Good Luck,
J
2006-12-20 15:18:20 · answer #2 · answered by jacquesstcroix 3 · 1⤊ 0⤋
It depends what was on the lease when you signed it. Read it and notice if it says anything about use of the fitness room, or the condition of the equipment.
My guess would be that there isn't anything about it in the lease.
Overall, it sounds like you are stuck in the lease unless the lease itself has any wording in it that may indicate that it was contingent upon he condition of the fitness equipment. If we are not talking about a broken heater, or leaky pipes, it would be unlikely you could get out of this lease.
Other factors may be of interest, like was the apartment advertised with the inclusion of the use of a fully functional fitness room? There are many other details that might make your case.
2006-12-20 16:35:40 · answer #3 · answered by Christopher 4 · 0⤊ 0⤋
Take them to small claims court for damages. Ask for $100 a month in damages due to loss of use of the equipment room. You can use the money to get a gym membership. It's unlikely you can actually break the lease because an amenity is not up to standard; you could if there was a defect in the apartment making it unlivable.
2006-12-20 15:10:53 · answer #4 · answered by Anonymous · 1⤊ 1⤋
If the landlord is not keeping up the property as they should you may be able to file for a constructive eviction. This is like an eviction in reverse. Kind of like kicking your landlord out of your lease therefore stopping your obligation. Try to research that in your area. Good luck!
2006-12-20 15:12:52 · answer #5 · answered by amoroushotmama 4 · 1⤊ 1⤋
YES, if the landlord breaks their end of the lease, that means the contract is broken and you can leave. Find out what your state laws say you have to do to leave.
2006-12-20 15:21:36 · answer #6 · answered by legal citizen 1 · 1⤊ 1⤋
Yes u can u just have to have proof plus take him to court
2006-12-20 15:23:59 · answer #7 · answered by Anna B 1 · 0⤊ 1⤋