Breaking a lease

**mmy2grls** · 04-09-2009, 11:51 AM

I'm wonder if it is possible to break a lease. The place i'm renting leaks bad I can't use the cupboards in the kitchen, hot water heater only gives me 3 minutes of hot water at a time, some of the windows won't open.

I have called the landlord 16 times since moving in about everything and nothing has been done. I do have 4 months left on the lease.

**Momto2Boyz** · 04-09-2009, 12:57 PM

There are almost always ways to get out of the lease. Get your lease out and read it. Find out if there is a clause about repairs. You may actually be able to hire a contractor and take it out of the rent if your landlord is not responding properly!

We were able to get out of our lease when we bought our house. We just had to pay a $100 subleasing fee.

Also, check with your city. Ours has a rental property advisory board, that handles landlord complaints and deadbeat landlords. They basically, crack down on them, and help people understand their options in situations like yours. You might check into it. Or also even your housing authority. They might have someone who can help you find a loop hole in your lease!

**mmy2grls** · 04-09-2009, 01:20 PM

Thanks, i'll do that

**JustMegan79** · 04-09-2009, 01:27 PM

I agree about checking with the city/county. Also, look up on your states or cities website and look for the landlord tenants rights act, or something similar. Unless your lease expressly says otherwise, he is responsible for repairs. I know when we were in SC, if the landlord didnt fix something within 14 days after we had asked IN WRITING we were not held liable for the rent until he did so.

Usually if you just leave (break lease) they will consider it abandonment of the property and will charge you with the remaining balance of the lease plus court costs, and place a judgement on your credit. To avoid this, I would try to go the legal route, send a certified letter to the landlord with return receipt and that begins your documentation. Then follow the landlord tenant rights act. If he tries to evict you after not paying because he has not complied with his responsibilities, you will probably have to go to court however, if you have proper documentation and pictures, etc, then he will probably lose.

Good Luck. Oh! If your town/county has a legal service dept that is available for low income folks, if you qualify, talk to them and they should be able to speak for you in court.

**mmy2grls** · 04-09-2009, 01:39 PM

Well the screen door has completely fell off the door frame, i've called many times about this.

I'm just glad a friend video taped all this crap before I moved in so I can't be blamed for the run down conditions here.

**sabrelvssammy** · 04-09-2009, 05:23 PM

geez... being a landlord this just 'irks' me.... i hate when landlords treat people so poorly (I hear it all the time from tenants that have rented from others)... and to think i come running (usually the same day) for something as small as a screw falling out of a hinge....(but i am kinda OCD too...lol)..... it's really quite a shame that they are forcing you to live in a place that is falling apart ..not to mention why are they are even bothering then coz it's their 'investment' that's going to pot too.... they obviously don't care about anything...

definately check your lease coz you might even have a 30 day clause where you can give notice and leave... we allow our tenants to leave at any time (even though they DO sign a yr lease) but we realize that sometimes people NEED to move (for whatever their personal reason is) and if they give the 30 day notice and leave the place in the exact same condition that they got it upon move-in...which by the way...its spotless and in perfect condition)...we let them out of the lease and many times have returned their entire security deposits....we try to treat people fairly coz i believe what goes around comes around... (could explain why we usually have a waiting list of tenants trying to get in)... on the other hand...screw me...and you better watch out...fair is fair....

if the landlord is not willing to work with you (agreed about sending the certified letter explaining the problems and ASK for an immediate resolution to the problem) if the landlord does not respond or does not make the necessary repairs in a timely manner (like a week at the most)...then call your local 'fair housing agency' (search it here on the web...i just found the local agency for my own mother....) the laws will vary state-to-state but your local agency will advise you to your state's laws.... good luck....

**mmy2grls** · 04-09-2009, 05:34 PM

I've been renting for the last 6 years and all my past landlords have been great about repairs. The landlord just rented the place 2 doors down to some wanna be gangsters who are no good. I realized today I moved in a scummy neighborhood, probably why the landlord does not care.

**LastDragonfly** · 04-09-2009, 05:40 PM

I am a former landlord..Everything you see above is true! The only thing I would like to add is that in my state, all repair requests must be made in writing or the landlord does not have to respond...at all. Make sure your lease will allow you to just call in a repair request. If I were you I would put it in writing and mail it certified, return receipt requested....keep a copy for yourself incase you break your lease and your landlord wishes to sue......make sure you take pictures when you leave. I am hoping you took pictures when you moved in incase you need to prove the move in status.

Good luck.