Apartment and Rental Properties - Can I break my Lease?
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RickO
07-20-07, 01:03 PM
I moved into a brand new Town House a month ago (Renting). Several things were promised in the web flyer for the T.H..
1. Ceiling Fans
2. A Fireplace
3. Blinds
4. Refrigerator/Washer/Dryer
5. Landlord pays for trash pickup bin
Among other things. To this date (1 Month later), no ceiling fans, no fireplace (I know they are not going to come in and put a fireplace in at this point), no blinds, refrigerator was brought in 3 days after we moved in, it was too large to put in the spot where it belonged, so it sat in the middle of the kitchen for nearly a week until another one could be brought, as well as the washer and dryer. And I had to pay for the trash bin for local pickup.
I have complained to the Property Manager since I don't know who the owner is, and have gotten no action. Also when it rains there is a bonus room that leaks and soaks the carpet. I've called to report it, Property Manager comes out and says, "That's not a real problem".
We've got 3 cable jacks in the house, only one works, in the Master Bedroom. I've got 3 teenagers who have not had the internet or T.V. for a month, thank God they've been very cool about it. I had an electrician come out today, did nothing and walked out. The Property Manager does nothing as I've complained.
Please someone answer this question. DO I HAVE GROUNDS TO BREAK MY LEASE?
1. Ceiling Fans
2. A Fireplace
3. Blinds
4. Refrigerator/Washer/Dryer
5. Landlord pays for trash pickup bin
Among other things. To this date (1 Month later), no ceiling fans, no fireplace (I know they are not going to come in and put a fireplace in at this point), no blinds, refrigerator was brought in 3 days after we moved in, it was too large to put in the spot where it belonged, so it sat in the middle of the kitchen for nearly a week until another one could be brought, as well as the washer and dryer. And I had to pay for the trash bin for local pickup.
I have complained to the Property Manager since I don't know who the owner is, and have gotten no action. Also when it rains there is a bonus room that leaks and soaks the carpet. I've called to report it, Property Manager comes out and says, "That's not a real problem".
We've got 3 cable jacks in the house, only one works, in the Master Bedroom. I've got 3 teenagers who have not had the internet or T.V. for a month, thank God they've been very cool about it. I had an electrician come out today, did nothing and walked out. The Property Manager does nothing as I've complained.
Please someone answer this question. DO I HAVE GROUNDS TO BREAK MY LEASE?
KozzKK
07-20-07, 03:33 PM
RickO:
I'm not a lawyer, and this is not legal advice.
I highly recommend you look up your state's tenant rights:
http://www.hud.gov/renting/tenantrights.cfm
It seems to me that the rain-soaked carpet would be enough to get you out of the lease, as dangerous (toxic!) mold can form as a result.
Contact your city or state's building inspector, who can probably put pressure on the management company.
As far as the other "promised" items, your ground is more firm if the items were mentioned in the lease contract. If they were only mentioned in a flyer or advertisement, be sure you've kept a copy and perhaps you can contact your state's consumer protection organization. For example, in Wisconsin, we have this one:
http://www.datcp.state.wi.us/
It sounds like deceptive advertising to me.
Best of luck!
I'm not a lawyer, and this is not legal advice.
I highly recommend you look up your state's tenant rights:
http://www.hud.gov/renting/tenantrights.cfm
It seems to me that the rain-soaked carpet would be enough to get you out of the lease, as dangerous (toxic!) mold can form as a result.
Contact your city or state's building inspector, who can probably put pressure on the management company.
As far as the other "promised" items, your ground is more firm if the items were mentioned in the lease contract. If they were only mentioned in a flyer or advertisement, be sure you've kept a copy and perhaps you can contact your state's consumer protection organization. For example, in Wisconsin, we have this one:
http://www.datcp.state.wi.us/
It sounds like deceptive advertising to me.
Best of luck!
mitch17
07-20-07, 05:35 PM
Here in Wisconsin there is a state agency (Department of Agriculture, Trade and Consumer Protection) that I would send you to visit. Might be something similar where you are. Otherwise, I'd consult an attorney - the cost of a consultation might be a lot less than an unjustified or improperly executed lease break.
RickO
07-23-07, 06:33 AM
Thanks guys, I'll do a little more research and possibly contact an attorney. My biggest concern KozzKK is indeed the mold that might develop from the moisture in the carpet.
JoshCA
10-03-07, 03:19 AM
The city health department is who you contact about the
the leaking roof. That is a habitablity issue. If the
the extras are not in the lease that you signed.
It could get sticky. Let me ask you this. Is there another reason that you want to move out of this dwelling other than what you have posted here?
If you want out. Then do it. You will be charged for the time it takes for the unit to be re-rented. Usually that will be 1 to 2 months. If you are that unhappy there and I was your LL I would probably let you out of the lease. I don't do leases tho. So we would never have this problem
the leaking roof. That is a habitablity issue. If the
the extras are not in the lease that you signed.
It could get sticky. Let me ask you this. Is there another reason that you want to move out of this dwelling other than what you have posted here?
If you want out. Then do it. You will be charged for the time it takes for the unit to be re-rented. Usually that will be 1 to 2 months. If you are that unhappy there and I was your LL I would probably let you out of the lease. I don't do leases tho. So we would never have this problem