Does this seem legal/moral?

Question

My husband and I rented an apartment and had trouble with the upstairs neighbors. We called the landlord three times over the issue, and our last call about it ended with her telling my husband that if he wasn't happy then he needed to find somewhere else to live and that she would let us out of one year lease. So we found another place to live and told her. She told me that we would receive our deposit check because she had told me that she let us out of our lease. I called her today about the deposit check and she told me that her boss which is over Sundance properties told her that no, she couldn't of let us out of our lease and we broke our lease. Does this seem very legal? I'm just wondering about this because we were told one thing moved out and then told another.

Answer 1

And the reason you didn't get this in writing is???

A lease can always be broken by mutual consent. But you MUST get it in WRITING! Any verbal agreements are WORTHLESS unless reduced to writing and signed by all parties to the original agreement.

Read your lease carefully. I'll wager dinner in a nice restaurant that it states somewhere that the agreement cannot be modified verbally and that any verbal promises not contained in the agreement are null and void. It probably also stipulates that any modification must be in writing and signed by all parties. Lastly it should stipulate that any notice be served in writing as well.

If you don't have this all in writing, you have no leg to stand on whatsoever.

Answer 2

Well...

There are two scenarios you need to concern yourself with:

#1- The landlady tells the truth and says she said it was OK for you to move. Under this scenario, you may be OK, but may have to hire an atty to help you. The landlady had the apparent authority as agent for the owner to let you out of the lease.

#2 - The landlady lies and says she didn't tell you it was OK. Under this scenario, you are still bound by the lease, and should never have left. You will be responsible for the monthly payments of the lease until it is re-let, and may be required to pay the landlord's costs in re-letting it.

You can take the offensive. Under the law of most places, you have the right to the quiet enjoyment of your leasehold. If the landlord/owner did nothing to deliver that after you complained about it, then the landlord/owner breached the lease agreement, and your move was in response to that breach.

There is a b-i-i-i-g problem, however. You needed to notify the landlord/owner of the breach in writing, and give them an opportunity to cure the breach. This you did not do. However, if you can convince a judge/jury that the move was done in response to the landlord's permission to do so, then you may be OK.

Don't know what your monthly rent was like, or your income, but you could be liable for the rent through the term of your lease. The landlord/owner has the duty to mitigate damages (lease it out to someone else). There may be associated costs with re-leasing it that you would be liable for also.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

I can see where you would feel that way and it sounds like it was a very uncomfortable situation so I think you were probably wise to move. I am enclosing the link to the laws that govern landlord tenent relationships. Perhaps it will help now, or even in the future. I agree next time ask for it in writing it puts the management in a tougher position they have to live with what was signed because you have something to take into court and offer a judge! Sad that the manager has no backup with the company. I'd be quitting that job if it was me! Good luck.

Answer 4

Not moral that is for sure
BUT
The lesson you will have learned at the end of this is that the apartment manager's word is as good as the paper it was written on.
NONE
You always need to get any change made to a contract in writting. It seems that you did not do that in this case.
You should call her boss and explain the situation to him. She may get away with it this time but hopefully the boss will see what kind of two faced employee he has working for him and it will come back to bite her in the behind later.

Answer 5

Boston is right, the legal document here is the lease. Unless she signed something, and had the authority to sign it, then there isn't a legal issue.

Since they are not going after the rest of the lease then I am guessing they did compensate you in that way. Legally they are entitled to more then the deposit.

Answer 6

Your error was not getting the agreement in writing. What occurred was not very moral, but it is legal. If you attempt to pursue it in small claims court, the lease will be presented and you will have nothing in writing to counter it. It will be her word against yours, and 'black and white on paper' always triumphs.

Consider it a hard lesson learned.

Answer 7

without a written lease release, or witnesses to a verbal agreement, I'm afraid they can hold you to your written lease agreement. Sorry, good luck

Answer 8

the answer in no it's not right to tell you one thing and do something else but the biggest problem you have is that you didn't get it in writing,there's no such thing as a hand shake anymore. if ever you are in doubt get it in writing,that way you have something to take to court. good luck

Answer 9

I believe it is legal but definately not moral. Always and I repeat myself ALWAYS get it in writing.

Answer 10

If you think these kids are your "friends", you have more problems than anyone here can help you with. Please tell your parents.