I just signed a lease in November but I want to move. I don't want to affect my credit so what should I do?

Question

I have had mice problems since I have moved in here last year. The complex would send out pest control who would set out traps but this wouldn't take care of the problems. Finally after I had gotten real rude and threatened to leave they sent out pest control who put poison down. This seems to have taken care of the problem so far but the thing is I am afraid that the mice will come back. My daughter is walking now and I don't want to take a chance of her running into a mouse. When I first complained management told me that I was the only one who complained so it didn't seem to be much of a problem. When I asked other tenants about mice they said that they had seen a few but they didn't want to cause problems so they didn't want to say anything. When I first complained and they ignored me I sent a certified letter to them to make sure that they had got the letter so I have evidence of my complaints (also letters from them addressing my problems) but they won't let me leave.

When I moved in last year I didn't have a choice because I was starting fresh as a single mother and I didn't want my kids living in a shelter (Ihad just gotten out of an abusive relationship). Within the past year I have gotten on my feet and I am doing much better now. When I told them I wanted to move before I signed a new lease the manager said ok but then the new landlord told me that I didn't get a good report from my current landlord so I didn't get the new apartment. I work 8-10 hours a day which made it hard for me to look for new housing and when I asked the manager why I got a bad report I was told that they didn't want me to leave because I was a good tenant and I paid my rent on time. She also said I had to sign a new lease or leave. I didn't have much time left so I signed the lease.The complex has been under new management since about 3 weeks after I signed my lease and they told me that it doesn't matter what the last manager said because she is no longer there.

LOL! I am scared of cats! My son has a frog and a turtle but I don't think they will help. When I was in my co-workers apartment (who stays in the building right next to me) we saw one run across the floor. This was last week so that is why I am afraid the mice will come back. She said that she was told that since a field is behind us that the mice will always come from there. I will definitely call the health department if I see another one!

Answer 1

You are doing the right thing by keeping a paper trail. It is best if you talk to a lawyer. You can do the following:

(1) Withhold rent due to the mice situation - be sure to keep rent amount in an escrow account.

(2) Talk to the Property Manager or the Management Company - see if they will be willing to release you from the lease without penalty (be sure to get a signed & notarized letter if they decide to)

(3) Pay the penalty amount for breaking your lease.

Answer 2

It comes to some basic issues

1) You signed a lease which, in exchange for a fixed rent for a period you promise to stay in the unit.

2) The landlord's have promised a home in habitable condition.

3) You are expected to make reasonable efforts to keep and maintain the unit.

so....


Unless you can sublet the unit you are on the hook for the monthly rental for the period of the lease

but.. if you can show that the unit is unhabitable because of the mice conditions you can assert that you need to move and that they are liable for your increased expenses in moving... This will get you to court where a judge will eventually decide.

The total number of complaints they get from other units is not material. But, if they are reporting correctly, you need to examine why the mice are only in your unit (that is the reasonable steps part). But ask your neighbors if that is truly the case.

I would suggest that you call the local health department and ask if someone could come out and give you some assistance or idea about the infestation. Get his/her name and badge number or ask for a written report. That will either give you ammo for your exit or put you on track to eliminate a problem that might be within your scope of control.

When all is said and done, you will have to decide to cut or run. Stay and deal with the problem (mice are not likely to harm your daughter... they are too timid and will run at the first sign of movement..but their feces and the mice poison are things you need to keep her from., or

Leave and deal with the legal issues (dont forget that you can sue them in small claims court too (Wapnerize them we call it) as a preemptive strike..That puts them on the defensive and that may result in a quick 'cut your losses' settlement from the landlord)

Of course, then again.. this might be the purrrrr fect time for a pet.

good luck

Answer 3

If they've solved the problem, your options are extremely limited.

If you see any evidence of mice again, call the health department and have them do an inspection. (Just be sure that you're not part of the problem!) They will contact the landlord and have the issue addressed. Keep copies of all correspondence. If it happens again you'd have a defensible case for breaking the lease as the property is not fit for human occupancy. The landlord may well try to hold back your security deposit and even go after you for the balance of the lease BUT you will have a strong defense for your position and should be able to get the case thrown out.

Answer 4

You took all the right steps in protecting yourself. You can not leave if you have signed a lease on the assumption that you might see another mouse... If you break your lease you will owe on the unit until it is rented again. It may hurt you in the long run depending on your landlord. Talk to your landlord about breaking your lease but don't use the mice as an excuse since as far as they know they have taken care of the problem although it took you getting upset with them for them to do so, so stay away from the mice problem and talk to them face to face that always helps.
Good Luck!!!

Answer 5

There is something here that doesn't make sense to me. I think you have misunderstood something along the way. I managed apartments for over 25 years and I don't quite know what you are attempting to say. I would like the mediator job on this one between you and the manager.

They don't want to let you go because you are such a good tenant? I would need more facts to make a judgment.
I will tell you this, I don't care if you have 1,0000 mice in your apartment. If you have a signed lease and move out, you will lose your security deposit and probably pay the rent until it is leased to someone else.............


PLEASE do not listen to the person that told you to lie. I don't believe him and they won't believe you. If that manager DID believe him, he should not have been a manager. If he worked for me, I would have fired him on the spot.............

Answer 6

Unfortunately, if you can't sublet you may be stuck. Depending upon the state and local laws. Most laws that concern breaking a lease fall in favor of the lessor.

Take the owner of the property to small claims court to try and break the lease before you move out. Notice that I said the owner. The reason for this is that you are not allowed to have a proxy or and attorney appear for you in small claims unless you have a physical or mental condition that impedes your ability to show up. In my experience (I've had 2) the fat cat slum lord won't want to take time out of his/her busy day to go in and will direct the manager to "solve" the problem, if indeed you do have any kind of a case.

Good Luck and be wary or signing leases in the future.

Answer 7

You should always get things in writing - I've learned that many many times. I would try to negotiate some sort of settlement (in writing!). Tell them that you'll pay the rent they are after, but not the penalties because the only reason you paid late was because you were never billed for them. They'll probably accept this as penalties are usually not enforceable and if they took you to court, they would only get the rent, not the penalties.

Answer 8

Check your lease for a section or addendum about breaking the lease. Some communities will let you pay a reletting fee that is a percentage of your normal months rent. If they will not agree to a 30 days notice + reletting fee, take the issue to their corporate office (more than likely they will not give you the phone number, so you will have to do the research yourself). You can also consult your local/state housing authority or apartment association.

Answer 9

You say last year....did you mean last month? How long of a lease is it?

The time to leave was when you threatened to do so and you had an infestation problem. If the problem was corrected, you most likely can't break a lease because you "fear" something might happen.

Answer 10

I got out of a rental agreement after one month once, without needing to pay for the whole 6 months. I did this by convincing the agent (who also sold properties) that I had loads of money and was interested in buying one of his, even going as far as viewing a couple of these for-sale properties with him. He let me out of the rental contract no problems, he was a bit pissed off when I didn't buy a house from him though.

Not sure this would work in your situation though, as it sounds like you've already taken an adverserial position against them. Still it's worth considering that a drop of honey (or the prospect of money) can get you further with people than a gallon of gaul (famous quote by Dale Carnigie)