Well a good friend of mine is trying to get out of her lease because her mother is coming to stay with her and her family after being neglected in a nursing home. She had been staying in the same apartment for over 15 years. She would still stay in the apartment if it had another bedroom and was handicap accesible,which it is not. Also, it doesn't seem as if the Landlord has kept his commitment to the lease (to make repairs,etc) because she has countless holes in her ceiling,leaking from the walls,etc in her house that she has asked the maitience team to fix. She lives in NY by the way. Could any of this legally buy her way out of the lease? Or will she have to pay the remaining months? Her lease is up in FEB. btw.
2007-12-03 03:06:37 · 6 answers · asked by LoveeLoveGrl 2 in Business & Finance ➔ Renting & Real Estate
If the lease is up in February, tell your friend to give notice to vacate by the end of this month, assuming that the lease expires at the beginning of February. If she terminates the lease early, she's going to be penalized for doing so. Given the short time frame left, she should stay through the end of the lease.
The issues which you cite are not sufficient reason for her to invalidate her lease early. The issues stated do not qualify for 'habitability' concerns. Those are limited to running water, hot water, heat, plumbing and so forth.
2007-12-03 03:23:53 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
She needs to read her lease agreement thoroughly.
Most of them have some sort of clause about early termination of the lease and what would happen if requested. Usually, it is something like the equivalent of a couple months rent or some sort of feel
Is there any way she could stick it out until Feb? That isn't too far away.
2007-12-03 11:11:11 · answer #2 · answered by Teetana 5 · 0⤊ 0⤋
Unless their is a buy out clause in the lease, she will be liable for the rent until Feb
Now within the law if she would breach the lease, the landlord would have a duty to re-rent the place, a duty to mitigate his/her damage but it is already dec, if she moves out by Jan, we are only talking one month to try and re-rent
side note: after living in the unit for 15 years the normal wear and tear is going to be extensive, better take many pictures on the condition she leaves the unit, if she wants her security deposit returned
2007-12-03 11:11:56 · answer #3 · answered by goz1111 7 · 0⤊ 1⤋
A lease is a two way agreement.
Since the slumlord hasn't kept up his end of the agreement, tell your friend to sent the slumlord a certified letter requesting repairs for the items in her apt.
have her request a timeframe in which the repairs need to be done.
once he ignores her request, she can send him another letter giving him notice of her intention to vacate.
But with all this being said, her lease is up in 2 months so that doesnt give her much time to relocate and vacate anyhow.
Goodluck to her and her mother.
2007-12-03 11:17:29 · answer #4 · answered by selery222 4 · 0⤊ 0⤋
I had a similar problem in Fl. We reported it to HUD and got out of our lease. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. For additional local resources, you can also contact a housing counseling agency.
check out this link to help you. it is specific to your state.
http://www.hud.gov/local/ny/renting/tenantrights.cfm
2007-12-03 11:13:31 · answer #5 · answered by z 2 · 0⤊ 0⤋
Just find a door in a lease and walk out.
2007-12-03 11:09:18 · answer #6 · answered by Anonymous · 0⤊ 1⤋