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    Kiyah's Avatar
    Kiyah Posts: 2, Reputation: 1
    New Member

    Dec 8, 2006, 11:59 AM
    Information about breach of lease agreement and about breaking a lease...
    I have been residing in the state of Georgia for almost a year. I moved from New York, I had never rented in New York so this is all new to me. Here's the issue, Me and my husband signed a lease on July to this apartment complex, at the time we thought it would be a lovely place to raise a child... Low and behold the place turns out to be a nightmare, between roaches, a dilapidated building, rapes and robberies taking place in the park behind the complex, security gates that never work for more than 2 days... Safe to say we now realize what a huge mistake we've made.
    To top that we were late paying rent (first time ever)(late according to the lease is after the 3rd of the month) The lease states that a fee of 90.50 is payable along with the rent.
    The leasing agent leave a note in the door with this ridiculous amount we supposedly owe.After we call to straighten things out the leasing agent says that the concession rate (the savings we received per month on the rent) is what we have to pay. It is a major difference... How is this possible when the lease states 90.50 is the late fee.
    This was like the icing on the cake and now me and my husband want to leave for sure. We have a month old child now and truth is we live in a horrid place... Is it true you can break the lease when you're in fear for your life?Please advise:mad:
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Dec 8, 2006, 12:06 PM
    No its not true. But it is true that the landlord has to provide a livable space.

    First you need to get an explanation of this "concession rate" and where its justified in the lease. Second you need to document the problems with the unit (infestation, disrepair, non functional gates, etc.). From there you can give notice of your intent to move, citing the request for money not listed in the lease (if it wasn't) and the unsafe living conditions.

    Most likely they will keep your security deposit unless you take them to court and win. They may also threaten you with court action for the balance of the lease. But if conditions are as bad as you say and you have proof, then they would probably just be bluffing.
    gordylordy21's Avatar
    gordylordy21 Posts: 1, Reputation: 1
    New Member

    Apr 22, 2007, 07:37 AM
    Are you still in that hell hole? Call your local inspectional services! They can get your landlord in trouble for many violations. If that is not enough you may be entitled to lawyer for a low cost or even for free if you have low income.

    Never give up, slumlords are s. :mad:
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
    Ultra Member

    Apr 22, 2007, 07:50 AM
    I currently have a lease with "concessions". If they did theirs the way that my landlord did, when you signed the lease there should have been a description somewhere that the rent was X, but that they are discounting it by Y. And, if it's like my lease, there is a line in there somewhere that says that if you default, or break the lease, or possibly other things, the rent plus the concessions are due. For example, my lease said that if I broke it, I would have to pay the re-rent fee, and all of the concessions that I had been granted up to then. Which would make the amount to break the lease more than what I would be spending to just live out the lease. But it's in the lease, and I knew about it when I signed it. So I'd check yours and see what it says.

    But the important thing to keep in mind is that the rent is the price before the concession. The concession is essentially a rebate that they give you for meeting certain conditions. If one of those conditions was not being late on the rent, then you may need to pay the full rent. This is why reading everything in the lease and knowing what you are agreeing to is so important.

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