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View Full Version : Am I entitled to break my lease and if so how do I go about doing it.


NHonor
Mar 17, 2009, 08:08 AM
I have lived in this apartment complex going on two years now. Unfortunately I resigned the lease last year.

I have called to complain about several things, the worst is a roach infestation. When I first moved in they use to exterminate regularly, since a change in management it no longer happens. About to months ago I called several times to have my apartment exterminated, finally after a month they came out. I called two weeks later because they were back again. The manager along with another apartment staff member came to my house when I was not there and supposedly sprayed. They did leave a can of spray behind for me. But they also told my kid that I needed to take out the garbage and remove any food from the counters. The problem with this is that when they came the garbage was not even half full and all that was on my counter were loafs of bread that were sealed. When I called to speak with her after waking up to a roach frenzy in my kitchen , the manager told me that I needed to do my part. I explained to her that the apartment was infested and even if I cleaned the apartment from top to bottom it still wouldn't help. She claimed the exterminator said that it didn't matter what he did, if I didn't do my part. This was not the answer I was looking for because I am not filthy. I explained how the roaches are in my microwave and cable box, she said they were running because they sprayed. I explained they have always been there but she kept going back to me and quoting an exterminator that never even looked into my apartment. I have called the property mgmt company twice over the course of a week and still have not heard anything.
Aside from the roaches, when I went to clean my apartment from top to bottom I found mildew under my kitchen sink due to a leak I have called them about twice. They still have not come to fix it. I cleaned under there but took pictures before I cleaned it. The back panel seems to be soaked and pushes back, Im sure the roaches are having a field day in there.
There is also a very small leak in my bedroom, but you can see water spots in several places on my ceiling. I am sure some may be old. I called them to fix this months ago and was told they would have a roofer come and look at it. I thought it was fixed until it rained and I started to see the water dripping again.

Im desperate I don't know what to do and I feel lost. Please help me. Attached are pictures of the sink and ceiling.

excon
Mar 17, 2009, 08:19 AM
Am I entitled to break my lease and if so how do I go about doing it. Hello honor:

The STORY behind your problems is NOT important. You don't have to convince us.

What you DID about them IS important.

Calling on the telephone works in the beginning... But, when it becomes apparent that they are NOT fulfilling their end of your agreement, you needed to switch to documenting everything in writing.

WITH the written complaints, and your photographs WITH dates showing non compliance on their part, you WOULD have been entitled to break your lease.

But, since you didn't do that, you're NOT entitled... Ok, let me rephrase that. You ARE still entitled to break your lease, but you'll NEVER be able to PROVE it.

So, if they sue you, you'll lose.

excon

NHonor
Mar 17, 2009, 08:29 AM
Hello honor:

The STORY behind your problems is NOT important. You don't have to convince us.

What you DID about them IS important.

Calling on the telephone works in the beginning... But, when it becomes apparent that they are NOT fulfilling their end of your agreement, you needed to switch to documenting everything in writing.

WITH the written complaints, and your photographs WITH dates showing non compliance on their part, you WOULD have been entitled to break your lease.

But, since you didn't do that, you're NOT entitled..... Ok, let me rephrase that. You ARE still entitled to break your lease, but you'll NEVER be able to PROVE it.

So, if they sue you, you'll lose.

excon

If I start written complaints now will it help me in breaking this lease? I still have until December until my lease is up and starting to day I will be writing them. How long will I have to do this before I can attempt to break the lease. I have many other pictures and I thoroughly doubt that they will fix this anytime soon.

excon
Mar 17, 2009, 08:39 AM
If I start written complaints now will it help me in breaking this lease? I still have until December until my lease is up and starting to day I will be writing them. How long will I have to do this before I can attempt to break the lease. I have many other pictures and I throughly doubt that they will fix this anytime soon.Hello again, N:

Specifically, you'll have to read your states landlord/tenant laws to determine that. We have a copy of your states laws at the top of the real estate page on a sticky note.

Generally, you have to make written complaints, and after a certain period goes by, you can fix it yourself and deduct it from the rent. If it's beyond a reasonable fix, you'll be able to cancel your lease due to "uninhabitable" conditions.

But, you might be surprised at how quickly your landlord attends to your needs when he finds out that he has a tenant who has recently become AWARE of his or her rights.

Send your letter certified, return receipt requested. If you speak on the telephone, send them another certified letter outlining the conversation. Send another copy of your letters by REGULAR mail, and drop another one off at their office.

Every hear of the term, the squeaky wheel get the grease - or something like that?? Well, you want to become the squeaky wheel.

excon