I have lived in apartment for 13 months and orginally signed a 2 year lease. I am breaking the lease on 9/30 due the fact that we had water flowing down the wall of our kitchen for 10 months that the landlord never fixed. Also we have water leaks in the bedroom, the front door never being fixed, and the land lord never returns calls. Also the neighbors are so load the police have come by twice in the last three months to write them tickets and the landlord just won't calm them down. I am using the right to peace and quiet to get out of the lease. I am willing to pay him 1/2 a months rent since I gave him 15 days notice instead of the normal 30. Also he is going to say that I violated the lease and need to pay him $2,400 for breaking the lease, but can he enforce that if he never made fixes to major problems or returned phone calls in a timely manner? I know that I can take him to small claims court, but expert advice would be very helpful.
2007-09-18 05:37:41 · 8 answers · asked by David H 3 in Business & Finance ➔ Renting & Real Estate
What you are referring to is called the right to quite enjoyment of the place but that would pertain to the noise caused by the neighbors and not failure to repair, that would come under the warrant of habitually of the unit
now do you have cause to break a legal contract is the question? if the landlord should pursue you in court, it would be your legal burden to produce evidence to sustain an substantial breach in the warrant of habitually of the unit?
So what kind of documentation do you have? pictures, letters, emails,?
also if you had that much water damage better document the condition of the unit when you move out, for not only could the landlord sue you for the rent, but also damage to the unit
2007-09-18 05:51:55 · answer #1 · answered by goz1111 7 · 0⤊ 1⤋
First of all, It depends what state you live in as the laws vary. You still have time to do this and would strongly urge you to do it! You need to write your maintenance requests and hand deliver it to the manager, also make him sign that he receieved it.Make a record of the times that you have called and have had no response. You definitely want to take pictures of whatever may be broken and the water damage on your wall. Get police reports regarding your neighbors. Your next step will be for you to go to small claims court with your proof and most likely you will win. Breaking your lease will be very costly and will go on your credit if you do not pay it.
2007-09-18 12:55:59 · answer #2 · answered by mykarma5 2 · 0⤊ 0⤋
Did you keep copies of the letters you sent the landlord demanding the repairs? If so, you may have a good basis for breaking the lease. If not, shame on you!
2007-09-18 12:47:49 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Did you ever notify him by certified letter of the problems and allow him time to fix them? If not, then he can say you did violate the terms of the lease regarding your leaving and legally get the money from the remainder of the lease.
2007-09-18 12:46:26 · answer #4 · answered by Tammi B 3 · 1⤊ 0⤋
You have to be able to prove you made calls to the landlord that were not returned. You also have to be able to prove the problems you are citing did NOT exist when you moved in and only occured after you were there, BUT were not caused by you. Hire an attorney, that's the best way.
2007-09-18 12:46:35 · answer #5 · answered by Vwgirl18 4 · 0⤊ 0⤋
if the police cant calm them down, i dont blame ur landlord for not wanting to get shot.
he can go after the remaining lease value. [#months (x) $rent] + $damage to apartment - $security deposit
tactically, if ur $security deposit is greater than the remaining lease value [#months (x) $rent], he will magically come up with a x-mas list of $damages and $repair costs to scarf it down and possibly make u pay more $$$doe.
good luck on judge judy!
2007-09-18 12:46:14 · answer #6 · answered by Anonymous · 0⤊ 2⤋
if ur prepared to fight this out in court then u better have documentation supporting ur claims and justifying ur reasons for leaving. i suggest calling the state and making a nusicance about having him repair things. he will be fined and forced to fix them. then uwill have documentation suppporting ur claims and he will be so done dealing with u he will be ready to let u go.
2007-09-18 15:18:45 · answer #7 · answered by spadezgurl22 6 · 0⤊ 0⤋
wondering what your "tenant insurance" is saying about that front door.
if entrance doors are not secure. the tenant insurance can refuse your claim; and could possibly increase or refuse your right of insurance.
just mentioning...if your looking for a "valid" reason.
good luck
2007-09-18 13:47:39 · answer #8 · answered by m2 5 · 0⤊ 0⤋