[krege25]

After many months of unpleasant experiences with the given landlord/apartment complex, I decided it was time to try and break my lease. Things had gone very wrong from the beginning. When I initially moved into the apartment (mid-August), they gave me the WRONG apartment and told me that if I lived there for 2 months (8 weeks) they would then upgrade me to a better apartment for the same price.

(Let me clarify: I did sign the lease for the apartment they wanted me to move into, so I was legally bound to it. This is what happened: When I went to look at the apartment they would not show me the one that was intended to be mine, and instead showed me a "model apartment". I was led to believe that I was moving into a second floor apartment and on move-in day was given the keys to the first floor. I very specifically told them I would not live on the 1st floor for personal reasons. I understand that this was partially my fault for not being more thorough and checking the address.)

Trying not to be difficult I agreed to their terms, and moved into the 1st floor apartment with the intention of later moving to the upgraded unit. Not long after I was offered a job in a city 2 hours away. I called and asked if I could break the lease instead of moving to the new apartment. When they remembered NOTHING about the transfer, they agreed to the lease termination once they could find a new tenant. I moved completley out of the apartment on September 7 and handed in the keys so that they could show the apartment to perspective renters. I then proceeded to pay half of the month of October, as they had a new tenant lined up for October 15. They also told me that I would be receiving a notice of lease termination in the mail, which I never did. I was told on October 11 that they would need the rest of the money for October because "the apartment had not been sold yet". The rent is $800/mo. Plus the utilities.

The argument they have is that I am legally bound to the apartment for the remainder of my 1 year lease. When I ask for any documentation of our correspondances as far as breaking the lease I receive nothing. What (if anything) can I do?

***ANY ADVICE IS MUCH APPRECIATED!

[smoothy]

Actually you are legally bound for the rest of the year or until they find another tenant. They can't double dip. And they do have to actually look for a tenant.

As you learned... if its not in writing... it doesn't exist.