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Additional Details
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Danielle H | How do I break my lease??? |
Hi
I had signed a 1 year lease agreement at a house. I want to get out because when I moved in we signed the lease for $500 a month plus hydro. We were suppose to be on a budget for $110 a month for the hydro, however lately the landlords have been increasing the price. It jumped from $110 a month to $320. We are now paying $820 a month for a house thats not even worth that much. The house is garbage. The ceiling is caving in due to a leak, which we mentioned a while ago but they neglected to fix. We have a baby and it is definately not sanitary. There is also a spot in one of the bed room closets where the floor is missing because a sub pump was prior. It causes mold to grow in that room. There is a gap in my bedroom that leads to the garage and cold air is constantly coming in. We told them we want to leave but they are asking for a riduculous amount of money. They said they want the rent for 2 months we wont be living here for. Please help I want out so bad!!!! |
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Cupid
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What does your lease say about the raising of the hydro costs? A lease is a lease, and it seems like all costs would be fixed into the 1-year lease. Read your contract again, and if it states that hydro is an adjustable amount and you signed it, I don't think you will be able to break your lease. If not, then you may want to seek legal advice about your options. Your lease becomes breached by your landlord if the hydro is supposed to stay at a fixed rate. You may then even be able to sue for the difference. If you want to move, start looking for someone to sublease the house. Best Wishes. |
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lisa99_13
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well first im not sure if it matters what state you live in or not but i am pretty sure if there is something wrong with the house (ex. the ceiling) you do not have to pay rent till its fixed. you can tell them you will take them to court and i am sure they will let you out of your lease if not make sure to get lots of pics then take them to court and prove that it is not a safe place for a new baby to live in |
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Bob S
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Perhaps some legal assistance is in order. You normally can't break a lease but with your circumstances, it may be possible. |
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CAT
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It depends...does your lease say they can raise the rent? If so...you are stuck. Talk to a lawyer...has the landlord not fixed something major liek a roof leak, do you have health dept. issues like bugs that you keep telling the landlord about? FIND SOMETHING... |
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♥ Embracing Optical Freedom ♥
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I think I would've noticed all this stuff BEFORE I moved in. Leaky ceilings and holes in the floor are pretty obvious things. I think this is your fault for being dumb enough to move into such a dump. |
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bpsgirl123
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Do you only have 2 months before the lease is up, or do you have longer. Technically, the owner can make you pay for the entire 12 month of the lease, even if you move out. But, in your situation, it seems that there may be an out if he is not keeping up the property. My husband and I once leased a house that had issues. The owner didn't want to do anything about it, but we really needed the place to be fixed up. So here's what we did which was legal in our state. We took the rent money and put it in a savings account (a holding place for that account). We wrote the owner a letter (and kept a copy) of the things that needed to be fixed before we would pay the rent. We also included in the letter that if the owner did not respond within 15 days, we would start repairs and keep track of all we spent. The owner could either pay us back, or deduct the costs from the rent. Our owner called us and told us to go ahead and fix the place, which we did (putting the rent away, but not using it). When we finished and presented all the bills, the owner said we could just deduct it from the rent. My husband did alot of the work and we billed for his time as well as supplies. We had 7 months on the lease, and didn't have to pay for the 5 months. Of course the money went into repairs. We then had a nice place to live, the owner had a house that was repaired and in good condition, and actually, since we were able to charge for my husband's time, we had some money in our pocket at the end of it all. Make sure it is all in writing. Take pictures, if possible, of needed repairs, and make sure the owner gets the letter. Good Luck! |
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Liz
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You can ask them to let you out of the lease and they might say yes otherwise you may have to finish the lease but instead of living in bad conditions contact your local housing tribunal and ask them for advice on the proper method to request repairs and help enforcing it if they fail to do the repairs |
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Darren G
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Your landlords are right on this one. Most landlords for houses and apartments require a total equalling up to the first and last months rent!! If it is stated in the lease...then a lawyer is not going to be able to hlep you out...sinc e a lease is a binding contract between two parties!! |
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Just ME
 |
You can do a couple things-
Just suffer and wait it out.
Just up and move and deal with whatever they attempt to do.
move out give them notice of 30 days in writing and let them keep your deposit. No big deal. Laws do vary by state though. They can't evict you if your not living there and you have provided notice. If they want additional money they can try to sue for it, but realistically unless you did damage they won't get it.
You can also set up an escrow account and put the monthly mortgage payments in it. Then go to the court and file that the landlord is not fixing his responsibilities. You can prove you would pay the money (you have it in an escrow account) if they would fix it. With holding payment because they refuse to fix without proof you would pay or have the money to pay is not going to go in your favor if it ever went to court. Having the account shows you making the payments but holding back until they fix.
If it is a health hazard you can contact the dept of health in your community and they can condemn the property.
They can ask you to pay whatever, but if they rent the house over again in those 2 months you are entitled to a proration of that money you paid. They can't collect rent from you and someone else. Watch the court tv shows on tv those judges tell you all the time. Technically the deposit is there if you do move out early or for damages.
If you want out that bad, just move and let them keep the deposit and do NOT use them for reference.
If you have an agreed contract on the price of "hydro" then that is definately suspect and can be challenged. But if that is like your utlitites they fluctuate and that is not the landlords problem unfortunately.
If you can prove there is holes or lack of insulation for instance making your bill jack up it is weak but at least it is a question.
The only problem I see is that you took the house in the condition it is in, unless you did the damage which I don't think you did. So you were aware of the problems. That is not going to help your case unless he promised to repair.
Good luck- keep accurate records, keep everything in WRITING to support and take photos. |
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davelund750
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For most of these situations, even a lawyer would say they couldn't advise you without seeing the lease itself.
My best advice would be to:
1. Look over the lease and see if there is a buyout clause. Most of the time there is and the conditions would be listed out on the lease.
2. Pose your questions on LawGuru.com and see if any lawyers respond. Most will probably respond that they would need to see the lease, though.
3. Contact a lawyer in your area and just front the money for an initial consultation.
There is always the option of talking with the landlord... I would recommend that first. If that doesn't get you anywhere, then try one of the alternatives. |
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rockyfella25
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Take pictures of the condition of the house.
The landlord is not suppose to raise your rent whenever he wants too.That's why your in a lease .If your lease is up in a year he can raise it then not before.That's what leases are..Peoples protection..I would just get up and leave, but make sure you take pictures of everything for proof. |
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Luckie
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Call your local code enforcement and have them cited. Take plenty of pictures and document everything. You may have to take them to court I would, it sounds like they are slum lords. When you signed the initial lease did it have you set at a price 110 a month? If not you may be screwed on that but the other issues are reason enough for you to be released from the lease. |
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Gypsy C
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tell the landlord that they are in breech of contract because you rent off of them and they refuse to fix the place they cant just raise the cost without telling you or until your lease is up find some place else and move out if they take you to court you will win just make sure and take pictures before you move so you can provide them to the court good luck |
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Yo!
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Technically, neither side can't break most leases. This is why it is signed in the first place; to protect the renter and the owner. You wouldn't want them just telling you to leave some day, just as much as they are counting on the monthly income they get from you through the end of the lease term. That being said, if you can come to an agreement with the landlord, both sides can opt out. It sounds like they already allowed you an out for two months rent, which is much better than paying the rest of the term on your lease (which your landlord would have a right to). So, they are doing you a favor in that regard.
I, one time, had to break a lease and the only way the landlady would let me out was if I found another tennant. If you really do not want to pay 2 months rent, perhaps you could suggest that you find a replacement tennant to finsh out the lease or sign a new one. |
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John
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you get a big bat and take it from there |
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hoff
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Kill yourself |
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