I signed a 12 month lease on May 24th 2006. On August 2, 2006 I was at work and from the witnesses, they say the incident happen around 1am. I was working nightshift. I came home to my apartment with a hole in my kitchen. No one notified me or anything. I went to the landlord and they never offered me another apartment or offered to move me at their cost. I gave them a month and a half and they still never fixed the apartment, they just put a board up over it. My apartment was totally unsecured and anybody couldve came and stole my belongings, so i moved at my own expenses. Now my landlord is suing me for breaking my lease. Can he do that???
2007-07-27 03:24:47 · 14 answers · asked by Tonio W 2 in Business & Finance ➔ Renting & Real Estate
The incident wasnt my fault, there was a police chase and the man ran into my apartment with his car. The police were involved but didnt even put it in the police report
2007-07-27 03:44:27 · update #1
It depends first of all where the hole came from. Was it due to neglect in any way on your part? Next it would depend on the wording in your lease, but generally the landlord is responsible for repairs to keep the property secure and habitable.
He can try to sue you if he wants but if you were not responsible for the hole being made it is unlikely he has a case. It seems as though you gave him plenty of time to make the repair. Just make sure you have everything well documented if he does take you to court (when it happened, how it happened, when you notified him, take pictures, etc.).
Good Luck!
2007-07-27 03:34:19 · answer #1 · answered by Proud Mommy 5 · 0⤊ 0⤋
You most likely did not send registered letters to the landlord demanding action on the repair. You also did not have renters insurance to cover any losses. You probably did not contact the housing department in your city to complain about the inappropriate conditions of the apartment. You didn't tell us how the hole got there which would affect action by the company insuring the apartments. You could file suit against the insurance company. Did you at least have the sense to take photographs of the hole in the kitchen? I would consider a month long enough for the apartments to initiate repairs. Call the local television station and contact the trouble shooters, look in the yellow pages for a free legal consultation from a real estate attorney. Take all the pictures you can if the repair has not been completed. Take signed statements from all the witnesses that you can find and file a counter suit of negligence on behalf of the apartment management company. The landlord will cover the cost of the attorney if found guilty. If you do not appear in court then you will be lose by default and a judgment will be placed against you for the full amount plus fees. Obviously you are in the right but you didn't build a case on your own behalf. Hurry before it's too late.
Get the name of the driver from the police report and a copy of the police report. Present it to the court as evidence on your behalf. The landlord will also have proof of the collision after the chase. If the driver had insurance then go after the drivers insurance company. Get a file folder and start collecting items to build your case and I'm sure the judge will dismiss the landlords lawsuit against you.
2007-07-27 03:41:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If there are witnesses did they say it was the landlord or was it someone who broke in? If it was the landlord than he was trepassing because you were unaware of him accessing your apt. for repairs or whatever happened. If it was someone who broke in, then you are lucky nothing was taken.
He can take you to court because you did break the lease. Did you offer a notice or a reason why you decided to break the lease?
Take all communications between your landlord and yourself to the court with you. Timelines, dates, phone calls or any written items will help you.
The judge will look at both sides and determine what the course of action will be.
It is much easier when things are noted and written in court as opposed to all verbal conversations. In case of verbal, the judge would have to decide who he believed was telling the truth.
2007-07-27 03:38:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Why on earth would you think it was the landlord's responsibility to move you into another apartment and pay for it?????? If the hole makes your home inhabitable that is one thing and you can take it to court. If the board is enough to make your home safe and secure then that is all he needs to do. Ask him if he has insurance to cover it. I guess time will tell. You did break the lease.
2007-07-28 17:05:32 · answer #4 · answered by VOLLEYBALLY 4 · 0⤊ 0⤋
Have a look at your lease agreement. Usually there's a clause that says the landlord is required to keep the property in a reasonably secure state. Do your reading of each clause of the contract. I would be very surprised if you couldn't easily find some condition in the contract that the landlord has not met.
2007-07-27 03:32:32 · answer #5 · answered by MJF 6 · 0⤊ 0⤋
First of all, the suing has nothing to do with the damages in the property. You broke a legal binding contract. You moved out and quit paying rent before your contract was up. Is it fair that you are now being sued because of the reasoning behind your moving - not one bit, but your landlord has every right to do that.
That being said, it's pretty shitty that your landlord didn't get it fixed for you. Sometimes it's better to talk to your landlord before you do anything drastic. I tell my tenants this all the time...come and talk to me if there are problems. It's too late now, but for future reference, if you are unhappy with management, then TALK TO THEM FIRST!
My suggestion to you would be to understand that your landlord can sue you, and if it goes to court the damages may not even come up. My suggestion is to speak to a lawyer to get a feel on your options.
Good luck!
2007-07-27 04:05:44 · answer #6 · answered by Kate 4 · 0⤊ 0⤋
Yes he can. You didn't state any details regarding the hole, etc. Maybe nobody notified you because they were not aware of it themselves. You didn't state how big it was, what appeared to be causing it, was it in the ceiling, wall, door, etc.
They are under no obligations to offer you another apartment, and if it were me, I probably would have fixed it myself rather than break my lease if it bothered me that much. Moving is expensive....and I can't imagine that you saved money by doing that.
2007-07-27 03:38:38 · answer #7 · answered by Expert8675309 7 · 0⤊ 0⤋
Of course he can do that. You still had a valid contract with the landlord and were expected to fulfill it. Assuming the board in place was properly affixed, your apartment was secured in the interim.
That you were not pleased with the speed involved in fully repairing the hole does NOT invalidate your lease agreement.
2007-07-27 03:30:35 · answer #8 · answered by acermill 7 · 1⤊ 1⤋
Yes, you can sue anyone at anytime for anything. If you can get hold of the owners tell them you will fight the suit, and the reasons why.
2007-07-27 03:36:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes, but since the circumstances are different and unusual you may prevail.
2007-07-27 03:33:26 · answer #10 · answered by Anonymous · 1⤊ 0⤋