[kimbernut]

My husband and I are relocating out of state and will have to break our lease as soon as we secure employment where we are moving. I called our leasing office a month ago asking how we could break our lease and that I didn't understand or see anything in our lease stating their terms. I was asked when our lease was up (12/31/08) and I was told that we were required to give 30 days written notice and could buy our lease out under their "buyout" clause. I then asked if we could find someone to rent our apartment would be able to get any or all of that money back and I was told yes - at a prorated rate. With that information, we decided to move forward because we are and were confident we would be able to find someone to rent our apartment. Keep in mind, they would be signing a new lease - not subletting from us. Since that phone call, our plans have progressed at a fast pace and we are looking at a move in the next month. I called today to clarify what I was told and I was given a completely different story. I was asked who I spoke with and responded that I wasn't sure but I knew the day I called and that there are only 4 women that work there and they said that the information I was given was incorrect and that we had to give 90 days written notice and that they wouldn't consider our apartment vacant until the 91st day and then would put it back into the inventory of available apartments. I double checked that if I found a replacement for our apartment, they wouldn't allow someone to rent it and they said yes. They also said that this information was in our lease and I can't find anything referencing this.

Can someone please advise me what to do and if they can change their story and if it's not in the lease, do I have any rights?

Also, to add to the story our the wall in our master bath shower collapsed last week due to the wall being rotted and black mold coming through the tile. They came out last week to see how bad it was and realized the entire one wall of our shower was affected and that we couldn't use it until repaired. After four days they came to start work on the shower and only tore the wall out and left the mold and leftover drywall infested with mold laying in the shower. This bathroom is in our bedroom and we are sure it is affecting our allergies. I called today to check on the status and they couldn't tell me when someone would be out to start working on the repairs. Can I use this to help me out in my other situation or can I withhold rent? I have documented everything and taken pictures of everything they have and haven't done.

Thanks so much for any advice!:mad: :mad: :mad: :( :(

[rockinmommy]

Find out who is in charge in the office. Start dealing with that person.

Go back and re-read your lease very carefully regarding anything about ending the lease, move-out, notice to vacate, etc. If those things aren't stated in your lease set up a time to talk with the person in charge and show her your lease. In the mean time read the first post in this forum to see your state's landlord/tenant laws. See what type of notice is required by law if not pecified otherwise in the lease.

As far as the other issue... what does your lease state about that? Is your unit habitable?

[ScottGem]

When oh when are people going to learn to get the names of whoever they speak to and to get written confirmation of the conversation. Especially since you could find nothing in your lease to support what you were told. You were remiss and are now paying the price.

If your lease does not specify the terms as you have now been told, then ask where in the lease it says that! If they can't show anything that you have signed where you agreed to such terms, then those terms are invalid and your local laws take precedence.

Now you might be able to use the mold problem to say the unit has become uninhabitable. But whether that would hold up in court, I don't know.

Unless the lease (or state law) specifically prohibits sublets, then you should be able to do that at the least.

Also this business of not putting the apt back into inventory until the 90 days is up sounds fishy to me.