are there any loopholes to getting out of leases? If not, what are the conseqences of breaking a lease?

Question

I signed a 12 month lease at an apartment that I absolutely can not stand anymore, for many different reasons. The maintinence people have yet to repair items that have been broken since I moved in. The property manager has a key to my door and often times the bug man//cable guy come into my apartment without even knocking first! They have added charges to my rent every month. It started at $550 and now it is up to $650. I have been living here 6 months so far. I am ready to get out of this lease!! If I broke the lease what would the consequnces be? Or what if I made myself get evicted? I really need some advice, thank you ahead of time!!!

Answer 1

I don't know about your lease, but mine has quite clear guidelines set up in the event I would break the lease.

It states that I would have to pay rent up to the vacating date, would have to find another tenant to move in on the vacating date, and would also have to pay the real estate one weeks rent ($250) as a "lease preparation fee" (sounds bogus to me lol). So really that isn't too bad, except of course it will cost money.

On the event of repairs, I once got out of a lease because some dodgy plumbing work led to me not having running water in the kitchen for 3wks. The real estate didn't believe me when I told them, and I made several calls, and was eventually forced to do the repairs myself. They let me out of the lease early because I started kicking up a fuss!

Rent increases? There is NO WAY they can raise your rent in ANY way during the lease's term. The amount stipulated on the lease ($550 p/wk) is the going rate, and they cannot increase it until the end of the lease agreement. I agree with the poster above: write a letter to the landlord stating exactly how much they now owe you, as a result of unjust rent increases that break the conditions of the lease, and tell them that this amount will be docked from the next rent payment as it is money owed to you by the landlord.

If doing this sort of thing really worries you, contact your local tenants advisory service (there is at least one in every major city/province/county etc and a quick search on the net should find it for you. Otherwise there is a large statewide one in every state and they will put you on to your nearest local service -they're really nice people!)

Best of luck!!!!!

x

Answer 2

Read your lease. Unless it provides for rent increases you are ONLY obligated for the amount specified. They can NOT add junk fees and charges. This isn't a reason to break the lease, but IS a reason to tell the LL to eat rocks on the extra charges. If you have records of these additional charges, dock them from the next months rent and enclose a note to that effect. Keep written records of EVERYTHING as this bozo sounds like a real winner.

On the issue of unannounced entry you do have a valid complaint. I'd send the LL a certified letter explaining that he or his workmen are NOT to enter your unit without proper notice as stipulated in law and your lease. If there are any further unannounced entries, you will file criminal tresspass charges against the interloper. A landlord IS authorized to enter with proper notice (usually 24 - 48 hours) for routine maintenance and inspections. No-notice entry is ONLY permitted for emergencies -- and neither the exterminator or the cable guy constitute an emergency. (Do read your lease carefully, though. It may state that the units will be sprayed on certain dates, say the 10th of each month. That DOES constitute proper notice.)

As to repairs, you can only break the lease if the LL fails to make timely repairs that affect the fitness for human habitability or safety. A broken drawer handle or interior door lock would not count. Inoperative heat or hot water or a broken exterior door lock WOULD qualify. Make SURE that you have given WRITTEN notice of any needed repairs. At the very least they will provide an audit trail for you to use if they try to dock you for the damage at move out.

If you don't have legal basis to break the lease (maybe you do and maybe you don't, from what you say) then you will be held responsible for the remainder of the lease term, less any amounts the landlord collects from a replacement tenant. Many courts have limited this to 2 months worth of rent but that is NOT universal and local conditions may sway that either way.

Answer 3

read your lease!! the consequences for breaking it should be in there. usually you'll owe a chunk of money for doing it. keep detailed records and keep calling them to fix whatever. it all goes toward your case. just keep this in mind.....if it isn't written down, it DIDN'T happen. That's why, if you pay cash, you ALWAYS get a receipt, no exceptions!!! You need to sit down and talk to the manager and tell them that if they're needing in your apartment, they need to give you NOTICE!! They can't just come in anytime they want, especially just barging in. Next time, tell them you'll call the police!! You pay your rent, they have absolutely NO RIGHT to intrude without your knowledge, prior notice, or an absolute emergency!!

Answer 4

I’m concerned that you’re not getting 24 hours written notice before someone enters your apartment. Contact your local housing authority for assistance. If you don’t know where to start, contact HUD www.hud.gov. Their website also contains renter’s laws for each state.