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View Full Version : I want out of my lease but.


ashleyBello
Jun 5, 2007, 01:37 PM
I signed a one year lease and have been living in this home for 4 months.
We've had an ant problem from the beginning. We waited to call hoping it would go away once the house was settled and lived in again. We even bought some ant killer but they never went away. Well finally we broke down and called about it. They came over with bug spray and said they'd have an exterminator come out. He did but a week and a half later they are still there and the first 4 days they were worse than they've ever been. So me and my boyfriend call again and they come over and do a bug bomb. I have to go out of my way to get all my animals out of the house for 4 hours,not to mention I had a guest over that week so it was really embarrassing. So it's no surprise the ants are still in our house.They are in every room. We can't open the windows in our bedroom because they just swarm. We also had termites swarm a couple of times but they haven't been back.
So we're pretty tired of all of this. It's disgusting. So naturally we started looking for another place and found one. What problems am I going to have moving out. I would also like my deposit back. There is no damage to the house. We even spent the time and money to power wash the house and back deck because they never came to do it.

Also I've taken pictures of the ant situation and documented each time I've called and they have come over.
I would gladly appreciate any advice

NowWhat
Jun 5, 2007, 01:53 PM
What does your lease say about early termination? Since they did come out and attempt to take care of the ant problem - there may not be much you can do on that level. The pressure washing cost won't be figured in because that really didn't inhibit the living conditions.

Normally, you would need to give a 30 written notice of your intent to move. Termination fees can be equal to one months rent and you would lose your deposit. I have seen some that would require you to continue to pay rent until the home is re-leased - up until the time your lease has expired.

Emland
Jun 5, 2007, 01:55 PM
Where I live having a bug problem isn't sufficient to break the lease. You have to notify the landlord in writing, then after 30 days if the problem isn't fixed, you send your rent in care of the local Circuit Court. Usually only takes one month of the rent not getting in the landlord's hands to get them out there to cure the problem.

If you leave, they have the ability to keep your deposit and sue you until the unit is rented again. (again that is VA - your state may differ)

ashleyBello
Jun 5, 2007, 08:44 PM
My lease says I have to give 30 days notice. Which is fine. They obviously know this is a serious problem. This isn't just something that just could have happened between the time the last tenant moved out and we moved in. I'm going to try to get in touch with the last tenant to prove that this has been a long term problem. I mean this is a disgusting problem and we've been living with it for 4 months. Imagine how infested the walls and floors are if an exterminator and bug bomb don't do anything.
We shouldn't have to pay to live like this.
Thanks for the advice I'd love to hear more.
This is my first place so I'm kind of lost when it comes to this sort of thing but I was smart enough to keep track of documents and pictures.

I'm going to continue look for the previous tenants. I think that would help a lot.

ashleyBello
Jun 5, 2007, 08:45 PM
Does it really mean anything that they got an exterminator if they know how far gone the problem is.

NowWhat
Jun 6, 2007, 05:16 AM
If you could prove that they have known about this problem then it may help in your negotiation.
I know what you mean about it be disgusting to live with any kind of bugs. I would have a hard time with it too.
I would just keep calling them to get an exterminator out until the problem is fixed. Mention to them that you can not live like this anymore and may have to look for some place else. See what they say. They may be willing to waive what is in the lease. Most of the time that doesn't happen - but it is worth a try.

Fr_Chuck
Jun 6, 2007, 05:58 AM
I really doubt your lease says you can move with a 30 day notice during the lease, I would bet it says you have to give a 30 day notice at the end of the lease. Since if you are allowed a 30 day notice, it is not a lease but a month to month rental.

Also if the exterminor came out and the problem was not fixed, has anyone called them, since most companies guarntee their work

ashleyBello
Jun 6, 2007, 08:21 PM
I didn't deal with the exterminator they said they would take care of it. The exterminator came and they got worse. We gave it a week and called again and instead of having the exterminator out again they bug bombed the place. I doubt they had a real exterminator.
And yes my lease does say I have to give a 30 day notice before moving out or I am subject to pay the next months rent. It does not specify whether my lease has to be over or not.
I refuse to live in this house any longer. I've found one I'm in love with and I intend to report them and get my deposit back.
Another thing I'm almost sure they don't do is report the rent we give them as income. It's supposed to be taxed and if they don't report it again they're in big trouble.
You don't mess with the IRS.
I'll find all this out tomorrow.
Wish me luck

ashleyBello
Jun 7, 2007, 02:18 PM
So I called the landlord today and asked him what exterminator he called. He informed me the exterminator was strictly for termites whiich is not what he had initially told me when the exterminator sprayed.
He was incredibly rude and I'm at my end.
I intend to send them their notice but I won't wait 30 days to move out.I refuse to live in that environment for 30 more days.

NowWhat
Jun 7, 2007, 03:35 PM
You don't have to physically live there. But, you are responsible for 30 days worth of rent. You may be responsible for any termination fees and by breaking your lease, you may lose your deposit.

ashleyBello
Jun 7, 2007, 10:06 PM
Thanks everyone for your help. I've written up a great termination notice. So thakns again for the advice and wish me luck I mail it tomorrow.