Hello everyone!
I hope someone can help. We started looking for places to rent on the internet in May 2011 & signed a lease starting June 2011, however, we did not move until July. When we got here the place was WAY too small for us. The landlord stated to us over the phone that she would let us out of our lease if the place was too small, however, since that is NOT in writing, it means nothing. After we got here, we had a HUGE bug problem... termites everywhere. She did have an exterminator come eventually, but since 90% of our belongings are stored in the garage, I am fearful there are bugs out there. We came down here for my boyfriends job offering, but since we have been here, there is very little work, and not enough money to pay rent with. If we don't come up with the money, I'm sure we will get evicted. Do we just allow this to happen, or should we just leave, or should we give her some notice & try to get the place rented in the next month? What are our rights? Thanks so much!

Your lease is, in fact, a written contract. You are bound by its terms (as if your landlord) - as you know. Renting housing which is "too small" is the fault of the tenant, not the landlord, and is not a legal reason to break the lease.

However, the rental property MUST be habitable and in compliance with local and State housing and health codes (structurally safe and sanitary).

Send the landlord notification in writing that there is a bug problem - if there still is a bug problem (and an exterminator can prove it OR you have proof). Notify the local authorities of the bug problem.

Did you notify the landlord that "bugs" still exist? The landlord must be responsible but cannot "cure" a situation when he/she is not aware it exists.

If it is uncorrected advise that you are breaking the lease. You are responsible for any months in which the landlord loses rent (before locating a new tenant) as well as any expenses incurred with renting out the residence (within reason). Of course, if you get evicted and there is a legal action and you lose it will be reported to the credit agencies.

Does your lease allow YOU to re-rent the property, find a sub-tenant? In many cases the landlord selects the tenants because its his/her property and he/she may have different standards than you, a non-owner, have.

Thank you Judy for your response. I do not believe there is still a bug problem after the exterminator. We signed the lease BEFORE seeing the property & asked for measurements that were never provided. Shouldn't this make a difference? No, she will not allow us to sublet & if we give her the heads up that we want out, and don't have the money to pay, we only have 5 days to get out according to SC laws. If we move far away, don't they have to find us to serve us? We want to do the right thing, but by doing the "right" thing, we are shooting ourselves in the foot. Our landlord has been VERY difficult to work with from day one, so there isn't an option to try to work it out with her, unfortunately.

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Originally Posted by oceanair

... We signed the lease BEFORE seeing the property & asked for measurements that were never provided. Shouldn't this make a difference? ...

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You should not have signed without first getting the measurements. By signing you indicated, in effect, that you didn't care about the size after all. And then, you moved in after (presumably) finally seeing the size of the place. Don't even try to make that argument, unless you enjoy being laughed at.

It seems to obvious to mention, but apparently not: Never sign a lease without first seeing the property.

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Originally Posted by oceanair

... No, she will not allow us to sublet & if we give her the heads up that we want out, and don't have the money to pay, we only have 5 days to get out according to SC laws. ...

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Who told you that. Did you review the wording in the lease for yourselves, or did you take her word for it? The suggestion that you have a certain amount of time to get out doesn't make sense: if you are bound by the lease, the right to occupy is yours until another tenant can be move in, or until you are evicted.

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Originally Posted by oceanair

... If we move far away, don't they have to find us to serve us? We want to do the right thing, but by doing the "right" thing, we are shooting ourselves in the foot. ...

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Yes, if they sue you for what you owe for the lease, they would have to serve you with process. But evading service of process, or counting on being difficult to serve, is hardly doing the right thing.

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Originally Posted by oceanair

Thank you Judy for your response. I do not believe there is still a bug problem after the exterminator. We signed the lease BEFORE seeing the property & asked for measurements that were never provided. Shouldn't this make a difference? No, she will not allow us to sublet & if we give her the heads up that we want out, and don't have the money to pay, we only have 5 days to get out according to SC laws. If we move far away, don't they have to find us to serve us? We want to do the right thing, but by doing the "right" thing, we are shooting ourselves in the foot. Our landlord has been VERY difficult to work with from day one, so there isn't an option to try to work it out with her, unfortunately.

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The Court will not find against the landlord because you didn't do your "homework." No, it doesn't make a difference. I understand you were probably pressured, had nowhere else to live - but once you moved in the lease was in effect.

The right thing is NOT moving away and even thinking that you're safe from lawsuit because she would have to find you to serve you.

I locate people. That's what I do. She'll find you.

So let me get this straight - you are breaking the lease because the residence is too small and has "bugs." If and when you move out you are leaving the area. That seems contradictory.

Thank you all...
We didn't have a choice, but to sign the lease before seeing the property. We put a deposite down to hold it in May. She demanded June 1st's rent, or we would loose our deposite, so we paid for a full month without residing there. When we arrived at the very end of June, we realized the place is a shoebox with bugs! The place was very dirty & we had to clean everything before entering. It does state in the lease that we are not allowed to sublet. We have been going round and round with her about everything! We are going to try and give a 30 day notice today & hope that she will TRY to be civil about the whole thing. Her boyfriend is much easier to talk to & much more understanding. We are going to try to talk to him. If things get ugly, we can always turn her in for breaking the terms of her downpayment assistants program through the mortgage company. It clearly states the home is to be OWNER occupied for 8 years to receive that money! I know it is not right to just leave her hanging & we won't do that, but she has screwed us over from day one & I'm very upset about it!

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Originally Posted by oceanair

If things get ugly, we can always turn her in for breaking the terms of her downpayment assistants program through the mortgage company. It clearly states the home is to be OWNER occupied for 8 years to receive that money! I know it is not right to just leave her hanging & we won't do that, but she has screwed us over from day one & I'm very upset about it!

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I would be very careful - you knew and know she was breaking the terms of the Downpayment Assistance Program (I assume you are referring to the FHA program) and you participated in the fraud. You might be the very person who is "screwed" over.

You might try approaching it from that angle - you understand the terms of the Program, you are uncomfortable renting in a fraudulent situation, you would like to leave. The Court will not and cannot enforce an illegal agreement and from what you have said her renting the premises to you very well may be an illegal agreement. Remind her of that. You go, she cannot get a Judgment against you - because your lease was illegal.

You would then have to sue her for the return of your security deposit - if you want to go that far.

I think you've got a legal argument here - use it to your advantage. Deal with her, not with the authorities.

THANK YOU, THANK YOU, THANK YOU!! I knew somehow, someway we had SOME rights. I did mortgages for 25 years, and I just found out that she is illegally renting this house a couple of weeks ago. I do NOT feel comfortable with her doing that & your advise on how to approach it, GREATLY helps... Thank you again!! I will keep you posted on how it goes :)

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Originally Posted by oceanair

THANK YOU, THANK YOU, THANK YOU!!! I knew somehow, someway we had SOME rights. I did mortgages for 25 years, and I just found out that she is illegally renting this house a couple of weeks ago. I do NOT feel comfortable with her doing that & your advise on how to approach it, GREATLY helps....Thank you again!!! I will keep you posted on how it goes :)

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The answer was there the whole time - neither you nor I saw it at first.

Here's your argument - you found out it was illegal, you don't want to be a part, you want out.

And let me know how things work out.

Well, we talked to her boyfriend TJ (since the actual landlord won't talk to us other than text or e-mail) and gave our notice. I stated I would like to get back into mortgages & I can't risk knowing they are committing fraud for my license. I told him I would work with him in showing the house, but that the lease we have with them is illegal and I don't want to have any part of that. He sounded surprised (probably because it is not his mortgage). I will feel so much better once I am in a legal lease agreement with a landlord that will talk to us, & and we can live in a house that is not overly small and has bugs! It has been one thing after the other with this landlord, including threatening us with rent June 1st when she knew we wouldn't be here until July, because she needed the money to go on vacation. (or we would loose the house and the security deposit(, in the middle of moving from WI... that is the kind of person she is! I will be glad to be done with her. I hope somehow it all works out, because her boyfriend is a nice person. I don't believe he deserves this grief and aggervation anymore than we do!

I have a tenant who signed a year leaves, it ends 2/14.. the rental unit itself has no problems. If something breaks, we fix it right away. We are NOT slum lords by any means.. The neighborhood is a bit iffy. My tenant has children.. anyway, I just received a letter saying they are moving out by the end of 10/31 due to issues with the neighborhood kids and the renters kids. As a landlord, I am not sure what my rights are in this case. Do we keep their security deposit? I have allowed them to make payments on the last months rent (we like first, last and security when a tenant moves in) but they still owe $350 on that. I have never had this happen before.. please help