[faleigh]

Okay, here is my story.
I live in an apartment complex in Florida. I have put in various maintenance requests, but only about 1/2 of them they forward to maintenance. I recently had to call code enforcement to resolve one issue. This resulted in my landlord absolutely hating me, but the job was taken care of in 2 days. Funny how that works.

A week ago we were scheduled to go out of town for Thanksgiving. We were gone for 5 days. Right before we left I came home from work and found one cat locked in one bedroom and the other locked in the other bedroom. Both were without food, water, or a litter box. If I had left that morning like originally planned they would have been dead when I returned. The painter had come to paint the front door, and apparently locked them in the rooms, while he left and left my front door WIDE OPEN, with no one in the house. He either forgot, or did not care about letting them out, because he never came back. I was absolutely outraged, so I went down to the office. Lot of good that did. I was promised that no one would be in my apartment without my consent, or written notice. He also thought I was joking, because he had a little smirk the whole time, and referred to them as "just a couple of cats, ha, ha, ha". Well we returned and went to work Monday. I came home on Monday and found the cats both locked in my bedroom. Once again, with no food, water, or litter box. He did not return to release them this day either.

The Florida Landlord Tenant Law states that they must give reasonable notice before entering the property, unless it is deemed an emergency. We have never been given notice. They just come and go as they please, with no regard to privacy. They even entered the premises again after telling them that I must be notified, or present.

The property manager obviously has hatred towards us, and shows discrimination towards us because of previous matters. He refuses to listen to us, and treats us as if we are one of the drunken college students. We are obviously the only sober ones to call them out, and that explains all the outrage. It is not like we heckle them for illegitimate things. Like the time my AC froze and leaked water all over the floor. The water was 1 inch deep in my second bedroom for 2 weeks. I made multiple request, and there was actual water standing in my apartment.

It is unfortuante that I have not documented like I should. I have a couple of pictures. The office has a record of maintenance requests submitted, but like my husband said, they only have to click one button and all of the requests will disappear from the computer. This makes me so furious. They only treat us like this because they have problems renting these apartments as it is. They are overpriced so called "luxury" apartments. The only luxury here is running water, and that is because I pay the bill. The name of the complex is Oxford Manor, and is managed by Paradigm Properties, if anyone was wondering.

We have talked with the property manager, who hates us, and the regional manager, who has left everything up to the property manager. We told them that we were fine paying rent for December, but we want out of the lease. Our lease is not scheduled to end until July 31, 2006, and we pay $950 a month. The property manager figured that we were "walking out" on $6000 due, but he would let us out of the lease for $1400. That is $950 for Dec. rent and $1400 termination fee. I am so furious with this decision. They are the reason we are leaving. We do not feel safe living here anymore. I feel as if I am at risk at all times, even when my door is locked. There is no telling who might just walk in at any given time. I know, and they know that they messed up, but they refuse to admit it, and want to stick us with a termination penalty. I do not want to wait around until I come home to 2 dead cats, but they obviously think that is not an issue.

I am trying to find out if it is their fault for a possible breach of lease, and if there is a way that we can just pay for Dec. and call it quits. Everyone I ask is split in their opinion. Some think we are liable to pay what they want, and others think that it is their loss.
I would really appreciate any input on this matter. Thanks a lot. faleigh.

[Fr_Chuck]

It is the law, so yes everyone will be splilt, and remember you can believe you are right, have 4 lawyers say you are right, but they can still sue you for the full amount due on the lease if you walk away without written approval.

Now you may be right, but you will have to hire an attorney, go to court hearings to prove it.

I would say the 1400 is a fair offer, to settle it and be done with it.

Notice can be they call ( and guess what no one answers) and they say they would be there in 24 hours.

So people who are pro landlords will tell you what they believe from their view points, those believing the other way will tell you what they believe.

So about 1/2 of us here will tell you one thing, the other 1/2 will tell you the other.

That is why we have attorneys and court houses, the great american system of laws.

[excon]

Hello faleigh:

I think they breached the lease. The problem you have is proving it. Did you take pictures? Did you write letters? Did you document every time you spoke with them? Probably not.

Without that, you don't have a case and you can be held for the entire amount of the lease in Florida. IF it's going to be your word against theirs in court, take the $1,400 deal.

excon

[Cvillecpm]

There is no BREACH and you have no DAMAGES to cause them to want to let you out of your lease. The cats did not die.

Obviously painting of the exterior doors is being done - probably routinely about the complex and you probably received notice and discarded it as they usually provide a time of days for the work to be completed.

Next time, take the cats with you.