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So I need to get out of my lease for an apartment that I just moved into in sept. My roommate is moving and I cannot afford it here. Rent has not been paid in two months (and I paid everything due upon moving in with no help from the roommate). The building is old- the ceiling tiles in the bathroom are about to cave in, and there is a hole in the wall from which white stuff falls so much that I sweep it at least once every two days. The landlord was aware of these issues prior to us moving in although nothing formal was filled out, it was simply brought up to the realtor we went through. What should I do to get out of this lease without penalty? At this point would it be easier to just wait a month to get evicted?

2007-12-16 16:00:00 · 4 answers · asked by jwebster818 2 in Business & Finance Renting & Real Estate

4 answers

a; sue the roommate for BREACH
of contract; very easy to do [if you find her/him.]

b; get another roommate.

c; find out how easy it might be to
get the unit re-rented. YOU are only
obligated to pay rent until the
unit is re-rented by a new tenant.

d; the law on repairs is simple--but
not without "pain." you must put in
writing each concern. Then, give the
owner-landlord, 30 days to fix the
problem--all the while paying rent.

after 30 days, if all the problems
are not repaired, you may REMEDIATE--
you find a LICENSED contractor
and hire him-her to perform the repairs
you want done--you do not send the
bill to the landlord YET.

YOU must pay for the repair[s].

then, when it is time to pay rent, you
send a copy of the paid invoice to the landlord and any remaining rent if
any is due [500 rent- minus 250 repair].

if the repair costs are greater than
the monthly rent, you pay nothing
in the next rent and do the math for
the following rent.

YOU get a fixed up unit and the
landlord gets his work done for him.

IF the work needed is an IMMEDIATE
health hazard--you have the option
of leaving the apt with all your possessions and you must inform the
landlord that you are leaving
based on a "constructive eviction."

you may be sued and if so, you must
prove in court, how your safety or
health is immediately threatened.

luck to u
merry xmas

2007-12-16 17:31:59 · answer #1 · answered by kemperk 7 · 0 0

Why is it that you start listing problems with the apartment when you originally state that you can't afford to live there anymore? Obviously you moved in with the problems, and you didn't document them in writing, so it wasn't a very big issue. Yet suddenly you need to leave, so these are major deal breakers. Uh huh.

You and your roommate signed a legal document, which you know. You also know you will have to pay a penalty for early termination. Notify the landlord, get a new roommate, or let yourself be evicted. Your best bet is to get a new roommate - that is the only way you aren't going to pay a hefty sum in either eviction charges (which will also follow you for a long time when you try to lease elsewhere).

2007-12-16 17:05:51 · answer #2 · answered by wickdsinnr 4 · 0 0

If you accepted the property as it is when you rented, there's no basis for invalidating your lease based upon those conditions NOW. You are still liable for the lease which you signed at the time of rental, and the landlord may take you to court to obtain a judgment for the monies owed. And you probably WILL be evicted as part of that court appearance.

2007-12-16 21:28:26 · answer #3 · answered by acermill 7 · 0 0

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2016-09-05 14:19:54 · answer #4 · answered by ? 4 · 0 0

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