[hp62803]

I want to get out my lease which ends on 5/31/13 because the landlord's son (who has been my contact since I moved in 19 months ago) never respondes or fixes anything and this place is falling apart... disgusting to say the least!!
Anyway, I just found out that the father died... my lease is with the father. Would there be any chance that this would be a way for me to get out of my lease early instead of waiting until 5/31/13?

[ScottGem]

No. With the father's death, the property is an asset of the estate. So that is not sufficient reason to break the lease.

However, if necessary repairs are not being made, you can send the landlord a certified letter demanding that the repairs be made or you will consider them in breach of the lease and you will move out.

[Fr_Chuck]

No, the death is not a reason to get out of the lease.
The repairs will depend on exactly what they are, you are vague about that. If you have only been there 6 months, how much can have gone wrong from the way it was when rented.

[hp62803]

Thanks for the replies..
I moved in in June 2011 and in the 19 months I've been here I've had several floods in the basement because a tree root needs to be ripped out in the yard and it will cost him thousands to fix it... Every time it floods I lose my personal belongings, my area rug, and it takes him a week minimum before addressing it... I've told him several times that I have small children and there must be mold down there by now and he doesn't care.

Secondly, after the hurricane it took him 10 days to respond to my request to have the TREE removed from the front of the house... it fell across the whole front yard and I could not get inside the house without going through the back which was also a hazard because the porch was pretty much demolished. I ended up having the tree removed and I just deducted it from my rent... as for the porch, it is still dilapidated and a mess and he will not fix it. Also in the storm the light that was above the front door was ripped off - now this is even more of a hazard because I get home at 6pm with my little girls and the top step is icy and we can't see... it may not sound that bad but when you have packages and two little girls and we can't see because the landlord won't fix the outside light (its not like just a bulb - the entire light fixture was ripped off from the tree that fell across the front)... In addition, the front screen door was ripped mostly off as well... at this point it is hanging on by one or two screws - I am not handy and tried to kick it off but can't seem to get it completely off... this is a huge hazard in that it can easily fall off and hurt my kids...

Bottom line - the guy is nonresponsive... even if he responds he does not come and fix anything. The gutters are falling off from the tree as well... I offered to have all of the above fixed but he just keeps saying he will be here to fix it asap. The most recent text I got was "my dad passed away on Sunday but I will be there early next week to fix it". I'm sorry about his father but at this point I just want OUT! These items may not make this place non-liveable but its turned into a slum and I am tired of having to chase him to fix things!
A beautiful condo opened up around the corner which will keep my kids in the same school system - which is top priority... I want to jump on it but the guy wants me to take occupancy by 1/15! I want to know if these items constitute breaking my lease.

Help me please!!

[ScottGem]

What happened when you deducted the cost of the tree removal from your rent? Did you inform him that you were going to do it?

There is a right way and wrong of doing this. You need to document your requests for repairs and give the landlord notice that you will consider him in breach if the repairs are not made by a specified date.

[hp62803]

I did inform him... in fact, I texted him the estimate that I got before doing it... when he didn't get to it for several days and my power was restored I told him I need to get back into the house and is it OK to deduct from rent and he said OK.
As for the other repairs (gutters, door, light, mold) he will not agree to having me fix anything else... he just keeps saying he will get to it... now with his fathers passing I suppose I am to wait even longer? I understand it is a difficult time but the storm was the last week of October...

[ScottGem]

But did you get it in writing?? You need to put everything in writing.

As far as the effects of Sandy are concerned, there are still lots of people suffering from those effects. He may be waiting for insurance money or FEMA funds to make the repairs.

But as I said, you need to give him a deadline IN WRITING and you need to explain what actions you will take if the deadline is not met.

[hp62803]

Ok so I guess texting is not sufficient... I will send a letter this week that if these items are not fixed within a week I will leave?? Or do I have to give him several chances to fix it?
I understand people are waiting on insurance checks but he hasn't even come up to assess what needs to be fixed yet! I've sent him multiple pictures from my phone but that's it.

[AK lawyer]

Ok so I guess texting is not sufficient...

Actually, texting is "in writing". As long as you can prove he got the text, that would do. But it's not clear exactly what you texted him. Did you say something like "fix it by [certain date] or you have breached the lease and I will move out"?

[hp62803]

First text on 10/3012:45pm
Tree fell on the house... call when you can we will be at a hotel

His reply 10/30 2pm
I can't get through to your phone please text or call and let me know exactly what happened

10/30 3pm
Sorry I'm at hotel with limited battery... the bit tree to the left of the house fell... did not break through the roof but tore the gutter down and laying across the front porch to driveway... I will send you pics..


10/30 3pm
Thanks for the pics... hope you and the kids are good... will get to it but need a few days as have a mess here... will call insurance company tomorrow

10/30 3:30pm
No power or heat... we are OK... no interior damage and no water in basement... will send you pics of damage to back porch too

11/1 2pm
Hi just checking to see when this will be taken care of

11/2 6am
Sorry just read text now... Called Allstate and filed claime and 5 days to come out... of tree is blocking door or causing safety issue let me know otherwise I would rather wait for insurance.

11/2 7am
The tree is blocking front door and leaning on some power lines connected to house so it is not safe to stay there... the landscaper I've been using offered to get rid of the tree so we can at least get access to the house...

11/2 12pm does your homeowners insurance cover hotel?

11/2 4pm I got an estimate to remove the tree and he can do it as early as tomorrow

11/2 5pm his reply "have him set it up for Wednesday after insurance adjuster can come"

11/5 8:30am Please don't forget about the tree as its got to go tomorrow so I can get in the house... we have power now and want to get back into the house.

11/5 1pm Please don't forget about the tree as its got to go tomorrow so I can get in the house... we have power now and want to get back into the house.

11/5 6pm Please don't forget about the tree as its got to go tomorrow so I can get in the house... we have power now and want to get back into the house.

11/5 I have not heard back and will have the tree removed by Wednesday assuming your insurance people have had sufficient time to come.

11/9 3pm Please let me know when gutter that is falling off and porch will be fixed... also shingles are all falling off where tree fell need to be fixed.

11/12 9am by the way I am waiting for invoice from tree removal before I send you my rent... also should I just have the gutters, lights, door and porch fixed and cleaned?

11/12 Regarding the gutters I will be there by this Saturday and will make necessary calls or repairs

11/12 6pm Ok also the outisde light was knocked off and the back porch is rippedc up... also the upstairs thermostat is broken and heat doesn't turn on.

12/27 The front door still broken and is barely hanging onto one hinge now and I'm afraid if it blows completely off or falls completely off it coule be a hazard.;.. (sent pic)... also given how icy it is is now especially that top step, is there any chance we can get that outisde light fixed yet? If not I will have to get someone to fix it because its too icey and we get home and its dark... my kids can fall... that plus the door is causing a hazard to get in and out of the house.

12/27 4pm My father passed on Sunday and I will be there early next week for sure. Send me a reminder on Monday./


These conversations do not include the multiple of conversations I've had during the 19 months regarding flooding in the basement...

[AK lawyer]

These texts do not contain an ultimatum (i.e.: fix it by such and such a date or I'm leaving.) Therefore they are not sufficient for you to break the lease.

But they might be useful at some point. Print them all out.

[hp62803]

Can I use them in a certfied letter to him explaining that I've given him sufficient time to make repairs I will vacate by 1/15 if everything is not fixed by 1/5?
Also, do these repairs constitue unliveable conditions?