 No heat or hot water for a week in rented - What are my options? |
Hi all,
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Additional Details
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butterfly | Can I break my lease?... apt complex not holding up their end of contract? |
I moved into an apartment complex in June, and back when I moved in, the complex was nice, clean, and maintained. I am paying over $600 a month for a clean, safe, gated community. It's what I signed on for.
The last 2 months, however, things have been down sliding. The gates never work and are always open, so there have been a lot of late night problems with cars coming through that don't belong here, police showing up...at 1am.... This was not a problem before, and from talking with others who have been here longer, has not been a problem until the last few months.
I understand the economy sucks right now.... but am I asking too much to get what I'm paying for? What I moved here for? What I signed a lease for?
Could I "legally" break my lease under the pretenses that they have not held up their end of the bargain/contract? I am not getting what I am paying for. I don't feel safe here.
And I'm reading through my lease agreement, but haven't seen anything yet.
Thanks for your time! |
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Landlord
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You can try, it depends on the judge. If the gate is in the lease you have grounds to sue to end the contract. If the gate is not mentioned you would not have any grounds. |
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estielmo
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Breaking the lease simply because you claim the gate isn't working isn't enough.
You need to band together with the other tenants and together make the demand that the gate be repaired. You can make the case that this security aspect was a significant reason that you chose this apartment. You need to put the landlord on written notice and give him the opportunity to make the repairs.
If anywhere in any advertisement or conversation the locked gate was mentioned as a feature you have him. But even without that if the tenants stand united you have a lot of leverage. Ten or 12 tenants threatening (legally and properly) to withhold rent will catch his attention. Consult an attorney for the proper way to do this.
At the same time contact the local police department for advice on getting those neighbors organized into a Neighborhood Watch and keep on top of the security situation. |
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Joe
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for that? not a chance. |
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Paula M
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No. you can't break your lease because other tenants have the right to call the police..... the gate is an aesthetic....not ever considering a security measure!!
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reenzz
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Does your lease specifically state that your landlord will provide a working gate? Does it guarantee that crime will never happen? If not, you can not get out of your lease. |
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Gypsy
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I've never lived in a clean, safe, gated community for only $600 a month. You should be happy it's that cheap.. I have a rental payment of $1500 a month and our gates are always broken and cops are here all the time. And on top of that I have maintenance in my apartment at least once a month. Our lease is up in April and we're counting down the days..
You're not getting out of your lease, if that were the case my neighborhood would be empty. Save up and move out when the lease is up or move out now and lease it to someone else to live there and pay the rent for the remainder of the lease although there are laws in place to prevent you from doing it. |
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gafpromise
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This is only a lease violation if the lease guarantees a certain level of security- if there are security gates that are expected to be functioning, for example, or if they are paying for a security guard who is not doing his job. But management may have decided to go in a different direction and not enforce security, and unless it is specifically outlined in your lease then they are not in violation. |
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Momma2007
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Nope, feeling safe is not a guaranteed write in any rental contract, so unfortunately, you are stuck OR you can break your lease and pay the associated fees! |
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schwildcat1977
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The landlord has no control over the rise in crime in the area and therefor you have no legal grounds to break your lease.
There are very few legal ways to break a lease. That is the point in having a lease to start off with. |
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ranger_co_1_75
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1. Check your states tenant landlord laws, they may have a provision for breaking a lease if a substantial change in conditions occur.
2. Tenants should band together and talk to the property management about improving conditions. Ask why maintenance is being deferred? It could be the complex is in foreclosure and the management doesn't want to spend money on buildings they are losing.
3. If you don't get results, band together and see a realestate attorney familiar with laws in your state to see if you can force legal action.
Never threaten to with hold rent. In most states, if you are a few days late with rent, you can be evicted quicker than 30 days. In my state it is within 72 hours.
Rent strikes are usually the result of going to court, filing paperwork accusing the LL of not performing. The court sets up an escrow account for the rent money. You still have to pay the rent on time each month, until the court deems the strike over. At which time you will get your money back, or the money is given to the LL.
If you fail to pay the rent into the Strike escrow account, you can be evicted the same as if you failed to pay the LL. There isn't any free rent. |
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chatsplas
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Put them on notice about the gates by sending a letter to management, noting that gates have not been working the past 2 months and the resultant problems. Note that you chose this apartment because it was clean, safe and gated. If ads listed that, or their brochures, note that also. Request that they fix the problem by the end of the month. Note that you have been patient, waiting 2 months for them to fix problems. If you can get other tenants to also write, or make a petition to get others to sign, that's even better.
Generally whether or not you feel safe is NOT a valid reason to break your lease. However when the reason is directly under control of LL, as in your case, it can be. However, be prepared for a fight over your security and breaking your lease. You will still have to give 30 days notice, and reasons for breaking your lease. The gates are likely NOT mentioned in the lease at all. And it better be more than a "pretense" that they haven't held up their end of bargain.
The easiest course is to get tenants to demand that the LL fix and maintain the gates in working order. |
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Bibs
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What you are saying is that you want to leave because they have broken the lease agreement. Read your lease agreement to determine what what they have agreed to. Then if you think there might be a possibility that they broke the lease consult an attorney. It might be wiser to give notice immediately before end of your lease agreement, and move at that time. If you break the lease, you will pay the damages to the lessor. |
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saved_astronaut
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if i were u, i'd go C the Rental Authority in yer area, & a real esta8 atty. |
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fireballnanny
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Depending on where you live yes you can break a lease with a 60 or 90 notice. If you wish to leave earlier you have to file the complaints with the Landlord and tenant Association. If you are in Ontario that is. |
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