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View Full Version : Grounds to terminate lease early


D_Red_2
Sep 30, 2010, 09:03 AM
We are 2 females with a child and it is quite disturbing that it took a total of 9 days for anyone to come out to the house and repair the back door that was kicked in on 9/1/10 (3 days after we officially moved in) during the burglary to our new home. The 4 screws that were installed was not an acceptable fix. Now I have to keep that door barricaded to feel some sort of comfort. The back security door screws appears to steady being worked on to gain access again by whomever, this is just adding to our discomfort. So with all this being said, we have signed our lease agreement with S**** V****** Inc located at one address with "D" R. acting as agent and originally we had made arrangements to deposit our rental payments into an account for B** LLC in one bank account. I spoke with "D" on Saturday and she said a counter credit to this account is acceptable. Then on Tuesday, A. T. (spouse) sent me a text message requesting the rental payment be mailed to S*** T****** Entertainment at another address with the check made out to "D" T. (different last name than previously mentioned)….When I addressed this discrepancy I was then told I can deposit into another bacunt account, B** H***** LLC account ending with a different number….This is too many accounts and it is also causing some concern.

Can I legally submit 30 day notice to vacate the property (not abandon) without any penalties and a full return of the deposit? I ask this considering we had to completely clean the property of all the kitchenware (dishes still stock in cabinet, drawers, panty and dishwasher) and food that was left on the property before we were able to move in. This is also including the packing of the several totes that were also left. Please advise.

Fr_Chuck
Sep 30, 2010, 09:30 AM
No, you can merely do what the lease allows and says.
You pay who it says in the lease and at the address listed in the lease unless you receive written instructions to pay at another location. But who you pay does not change or violate a lease.

If the repair is not proper, have you given them a written notice of this, and notice that if not repaired within a time frame you will have it repaired and apply that cost to rent ?

If you accepted and moved in without it being clear or clean that is also your issue and nothing to violate a lease, since you agreed to, you could have merely refused to move in before you moved in.

So no you can not just move unless there is a reason allowed in your lease.

joypulv
Sep 30, 2010, 10:57 AM
Sometimes reason prevails, outside of the letter of the law and of contracts.
Document all the dates of break ins, attempted break ins, and repairs, taking pictures if you can.
Send a letter to the landlord saying that you are doing this, and that you want out for the safety and welfare of the child. Say you want to use up your deposit on rent (unless by some miracle you can get it back) while you find another place. Chances are they will agree.
If the landlord has the totes and dishes, leave a note to that effect on the back door. Sounds like the last tenant trying to get in.

AK lawyer
Sep 30, 2010, 12:29 PM
... Say you want to use up your deposit on rent (unless by some miracle you can get it back) while you find another place. Chances are they will agree. ...

Perhaps, but in most jurisdictions you are not allowed to apply deposit toward rent. The LL reasonably wants to be able to see, after you move out, whether there are any expenses you are liable for.

From what you say of the circumstances, and agreeing with Fr_Chuck, I don't think you have a right to terminate the lease.

Fr_Chuck
Sep 30, 2010, 12:31 PM
Reason has nothing to do with much of anything ( out side a little in small claims court) if there is a law and a contract and it is presented in court, the judge can not rule against a written law or contract ( unless contract is illegal)

joypulv
Sep 30, 2010, 01:23 PM
I agree and did agree, and thought I was clear that it was worth trying to appeal to reason with the landlord outside of the terms of the lease and the law. Speaking as a former landlord and all...