I Want to Move Out! Eviction or Break the lease?
ak20
17 years ago
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Comments (14)
bud_wi
17 years agolast modified: 9 years agoak20
17 years agolast modified: 9 years agoRelated Discussions
ants and noise - need out of our lease. can someone help us out?
Comments (11)"Upon examining our lease....it was discovered that I did not initial half of the places that required it on our lease. I also did not sign the very important section regarding DEFAULT BY RESIDENT. My roomate DID initial all of these places and did sign. The only portion my SIGNATURE is on....is the deal page where it talks about rent and deposit calculations. Is there any legal way for us to break this lease without having to pay?" NOPE! Contracts cover "reasonable interpretation", and minor omissions don't make up for your signing the big spots. I had a tenant try to weasel out of a lease: a typo made it for a negative one year (started in 1996 and ended in 1995) ... and they decided the lease was invalid a couple of months into the term and moved out. I sued them for the rent they owed, they said "the dates are wrong, the lease is invalid" and the judge said "Typos don't count, pay the nice landlord!". What you can do: whenever the music runs past 9 or 10PM, call the cops about a loud party. Whenever the upstairs kids are stomping and yelling, call the manager and ask him to shut them up....See MoreNoisy Neighbors: Management Useless, Can I Break My Lease?
Comments (6)I'm pretty sure she knows that it's way too loud. She doesn't actually believe the maintenance guy is racist, if she does then she needs her head examined. I think she's stalling because she doesn't want to kick out paying tenants. I've actually tried to arrange something with the manager, because my neighbors usually start up around 6:30pm, half-an-hour after the office closes and all-day on Sundays when the office isn't open at all. The problem is, the office is usually closed by the time I get home from work. Tuesdays are the only days I'm home before 6pm and I think they've caught onto my pattern because she's always busy now when I show up and she's off on Saturdays. I've left messages with her assistants but she's totally dodging me. I sent an email to the regional manager last night, I don't have their phone number and can't find it for the life of me. It'll probably be a week or so before I hear anything back. As for my neighbors, they're friends with the people who live next door to them. The guy who lives above them is deaf (I'm not joking he's actually deaf). The woman who lives directly across from them works evenings and doesn't get home until midnight, but she actually told me that she can sometimes hear their television in her living room during the day, but she doesn't want to get involved. I think I can work on her and she might be willing to talk to the manager, if I can ever get a hold of her, but I still don't think my manager will do anything. If the regional manager won't get involved, can I break my lease without shelling out the subsequent fine?...See MoreHad to break lease - Mgt found new tenant, but...
Comments (12)I've been out of town so am a little late to this party ;) Just thought I'd toss in my .02. I'm not a lawyer but am a landlord. I'm going to disagree to some extent with some posts here. I'm looking at it from my perspective and personally I feel like your landlord goofed, and is perhaps circling back to you to cover her mistakes. A lot of things that should have been put in writing were not. However, there are strong indicators of the direction this deal was taking. Allowing you to pay prorated rent for October is a big indicator that your landlord was not only aware of the fact that you were moving, she also approved a specific and premature (prior to lease expiration) 'end' date in October that your rent payment would cease. In other words it's not like you up and moved out under cloak of darkness ;) Clearly discussion and negotiation took place because a specific number of days for October rent was decided and agreed upon by both parties. Next she went so far as to secure a deposit from a different prospective tenant. It's true you're responsible for rent till your lease is up, but it's also true she needs to seek other occupants and secure them via a binding contract. She fell short here. I don't see that it matters whether she took $500 to 'hold' it or the same amount that she charged you for a deposit, because landlords can change deposit amounts from tenant to tenant, as long as it's not in violation of the ceiling dictated by State law. The dollar amount she took from them is not really your concern or burden to bear, that was her call to make and does not involve you because she's commencing a new agreement with entirely different parties involved. The fact is she took a deposit, released you early, but failed to obtain the most critical component: a signed, binding agreement with the new tenants. Big mistake. Deals fall through all the time. A deal is never sealed until all parties have signed on. I'm imagining myself standing in front of a judge explaining why I'm trying to now come back to worrywart for rents due and frankly, I think I'd be embarrassed. It would have been so easy to have a lease ready, signed when the deposit was collected, but not commence until 10/5. Then she could have officially let you know that you only needed to pay through 10/4, because a new lease was starting 10/5. She dropped that ball. So I'm thinking you're not entirely responsible at this point and that you do have recourse. The strongest indicator is the acceptance of the pro-rated rent, the second indicator is the deposit she got from the other couple. If your landlord failed to follow through and seal the deal with a signed lease with new tenants before letting you out, that's not really your burden to bear. That's how I see it anyway....See MoreBreak lease, apt rented but landlord still charges 2 months penal
Comments (4)I am sorry. There was a previous message that was inadvertently sent without the corrections incorporated into this response. (GardenWeb failed to send the corrected version). Hopefully this additional information will prove more useful. I run a program that helps people break their leases, albeit we operate in Arizona. Often we encounter these situations. The issue here is whether or not a there is a 'liquidated damage' clause in the lease that is assessed in lieu of actual potential damages that could be hard to calculate. It is contrary to public policy to assess both liquidated and actual damages. So if your old landlord is attempting to get you both ways, you can argue that the liquidated damage is void. Also, it should be understood that it is contrary to public policy for contracts to contain penalties. Thus, if the break lease fee was characterized as a penalty, you could argue it was void on that basis. Finally, a liquidated damages must be a reasonable approximation of what the damage could be. If it is beyond what could be reasonably expected to suffer, then it could be construed as void as a penalty. I think two months is the outer limit of what is reasonable. You may want to check out the tenant library area of our website, http://aztenants.org/library.htm for other factors that often arise whe people break their leases. For example, issues relating to security deposits often come into play. Because Arizona's state landlord-tenant act is based on the uniform landlord-tenant language adopted by many other states, a lot of the topics we cover may apply to people outside Arizona. Here is a link that might be useful: Arizona Tenants Advocates...See Morebud_wi
17 years agolast modified: 9 years agoak20
17 years agolast modified: 9 years agobud_wi
17 years agolast modified: 9 years agofredwolf
17 years agolast modified: 9 years agofredwolf
17 years agolast modified: 9 years agobud_wi
17 years agolast modified: 9 years agofredwolf
17 years agolast modified: 9 years agomoonshadow
17 years agolast modified: 9 years agodarkhaven80
17 years agolast modified: 9 years agoayod77
7 years agoayod77
7 years ago
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