View Full Version : Need Out NOW!
abbey05
Oct 23, 2006, 03:36 PM
I am nine months pregnant, and the apartment complex we are currently living in is HORRIBLE. Not only do we have noisy neighbors that don't care even though we've called the cops on them multiple times, our apartment is a roach motel, and the worst part, the whole floor that we live on smokes marijuana. I have been getting sick a lot lately and my doctor thinks it's because of the apartment and all the marijuana that I've been inhaling. I'm concerned about my birth now, is my baby going to be okay when I go into labor, and especially for my child's health once he is born and has to come back to this hell hole. We signed a six month lease and it doesn't expire until the end of February. I have check the state laws, and we do have grounds for terminating the lease. The only thing I'm afraid of is that they are going to charge us out the nose to break the lease? Is there anyway we can get out of this without paying the big bucks. We have already decided they can keep our deposit, is there anything else we can do?
excon
Oct 23, 2006, 06:11 PM
I have check the state laws, and we do have grounds for terminating the lease. The only thing I'm afraid of is that they are going to charge us out the nose to break the lease?
Hello abbey:
If you have grounds then they can't charge you anything. If you don't, then you'll owe the entire balance.
Write them a letter. Send it certified, return receipt requested. Outline your grounds; give them notice; move when you said you would; clean the place immaculately; and take plenty of pictures. If you're right, and they sue you, the judge will side with you.
excon
ScottGem
Oct 23, 2006, 08:11 PM
The key here is proof. Get your doctor to write a note detailing what he thinks. Get copies of the police reports. Take before and after pictures. Get the movers to initial the pictures you take after they have removed your belongings (make sure you inform the movers you want this before signing them).
As long as you have proof, if the landlords decide to pursue the matter in court (unlikely) you will win. Esepecially since you are resigned to losng your deposit, I doubt if you have anything to worry about.
Fr_Chuck
Oct 23, 2006, 08:51 PM
If you are risking your child's health, who cares, so you owe them, you will owe 100's of people though your life time. If you owe them pay them as you can, if you don't great.
Never risk your health and never never risk the health of your child for money. That is like saying the money is more important than the child.
As stated document what you got and move out if it is that bad.
abbey05
Oct 24, 2006, 08:34 AM
Never once did I say money is more important than my child's health and never would I risk it for money. If you think about it, we have to have money to get somewhere else for him to live, because frankly I don't think living out of our car is much better. I understand I'm going to have to owe people all the time, but come on if you were in my situation you would feel the same way.
LUNAGODDESS
Oct 24, 2006, 09:28 AM
Give the landlord notice of the problem and what you intend to do about the situation, do so in writing. Every rental situation is based on case of Pugh vs. Holmes no matter if you moved into an AS IS apartment.
You are entitled to sanitary, safe, healthy dwelling. IF not then your landlord has the responsibility to comply with health and building code requirements, broken plumbing furnace, vandalism basically normal wear and tear. Give the landlord time to complete the problem...
If they do not care then you have no other recourse but to... take your situation to the Courts.
While you are in court show pictures of the problem and in addition... there report the following to the following city/town/state departments:
Housing
Building
Health inspectors
there are witnesses (... using older adults when possible)
Police
and social services
Then Move reduce rent by amount which estimates the percentage that the use of the apartment for example, 1/6 per room if you are living in a six room apartment... check with your state... for this may not apply in your state .
In some states ask for a refund for the defects... check with your state... for this may not apply in your state.
Obtain a court order to have your situation adjusted
If you were to give the state then I can tell you whether this statement applies to your situation...