I have termites in my apartment and I want to move badly. Almost everything in my apartment is made wood. Everyday i come home from work and their all over the place in the bathroom, kitchen and hallway. i told my landlord about it last week, she said she would get someone to fix it, no one showed. can i break my lease without having to pay the remainder of the lease and not have it put on my credit report?
2007-02-23 12:12:39 · 5 answers · asked by mymy 1 in Business & Finance ➔ Renting & Real Estate
You could do a couple of things.
If you let her know in writting that you are going to report your landlord to the housing board in your area unless she fixes the problem or lets you out of your lease.
Either way she is going to have to address the issue but she might think letting you leave would be quicker. Just if she does let you out be sure to get it in writting so she can't come back at you later and say you still owe her money.
If you just leave with nothing in writting she would probably come after you in court and you would have to prove your case, which could be tough depending on what proof you have.
If you like the place other than the termites you could pay to take care of the problem yourself. If you have it in writting that you notified her and she refused to take care of it, in most leases there is a clause that you can then deduct it from the rent you owe. For this you should verifiy your lease or check out your local laws reguarding this.
No matter which way you go, taking pictures of your apartment is a good way to do some documentation. But if at all possible use a film camera to take out the possibility of her saying you changed the digital photos.
2007-02-23 12:32:53 · answer #1 · answered by OC1999 7 · 2⤊ 0⤋
It's typically "breach of contract" damages. That means the landlord may sue you for the costs they are actually out as a result of your breach of lease. On the flipside, the laws of most states require the landlord to make a good faith effort to miinimize losses caused by a breach of lease. That means the landlord must make an effort to find a new tenant if a tenant breaks a lease. So, at the high side, you could potentially be liable for the entire rent for the remainder of the lease. On the low side, you could conceivably be responsible for zero, if the landlord can find a new rent-paying tenant immediately and thus does not lose any rent.
2016-05-24 04:01:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
First of all remember that it is not your landlords fault that you have termites. It's a very common problem and you shouldn't view it as if it is your landlord is to blame. You need to give your landlord every opportinity to resolve the issue. However your landlord will be at the mercy of a 3rd party professional (exterminator). So a little patience will be needed in making sure they get someone in to try to fix the issue. Make sure your complaint is in writing. And that your landlord DOES have a licensed professional in your place within 2 weeks. If this time goes by and nothing is done you can seek damages. It is your landlords responsibility to provide safe and reasonable accomadations otherwise they are in breach of the lease and you may move out. However good landlords will provide reasonable options if the terminte problem cannot be resolved.
To cover yourself make sure you document all communication with the landlord incase you feel they are not doing their job.
2007-02-23 13:09:28 · answer #3 · answered by The Drew 4 · 1⤊ 0⤋
Check the terms of your lease to see under what circumstances, if any, you can break the lease. If your landlord will not allow you to break the lease and she won't take care of the termite problem, report her to the department of real estate and city/state inspectors. If the termites are as bad as you say, you may even be able to get the health department involved.
2007-02-23 12:24:12 · answer #4 · answered by Brian G 6 · 1⤊ 0⤋
yes, as long as you give a 30 day notice in writing.
2007-02-23 14:10:08 · answer #5 · answered by NAD 1 · 0⤊ 1⤋