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Old 01-27-2018, 01:48 PM
 
3 posts, read 1,686 times
Reputation: 10

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I live in Columbus, OH. I am almost 5 months into my 12 month lease.

I want to be brief, so I'll just say that my landlord is a slob(cluttered junk yard in his backyard/my front yard) and doesn't respect my privacy (to put things in perspective, I have never "let him in" after hearing him knock. He has 100% of the time let himself in with his key). So I want to break the lease and be done with this apartment. He can keep the 1-month's rent security deposit.

Under normal circumstances, I would fear lease enforcement via small claims court. However, I don't think it would come to that in this case. And here's why:

1) I know his home owners insurance is not aware he rents. I know this because he told me (the attic level tenant flooded her floor, causing major water damage to the landlord's living quarters on the 1st and 2nd floor, and I asked why he didn't just file a claim and get it paid for with insurance) (I live on the sub-level floor). I am guessing that if he were to take me to court, I could inform the powers at be that he is not properly insured.

2) I think he is not reporting any of his rental income. I suspect this because he forces me to pay cash. I literally have a voided carbon copy in my check book from the first monthly rent check I tried to give him, but he refused to take it (we have the same bank, by the way, so there is no legitimate reason for him to not deposit my check). I am guessing that if he were to take me to court, I could inform the powers at be that he is not reporting income to the IRS.

I think if he chose to enforce this lease, he could get me to stay and pay monthly, but he would come out far behind due to IRS penalties and may even lose his home owners insurance.

Do I have all the power in this situation or should I not play with fire?
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Old 01-27-2018, 03:35 PM
 
672 posts, read 437,916 times
Reputation: 1484
Why not ask your landlord.
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Old 01-27-2018, 03:57 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,180,620 times
Reputation: 4203
So your plan is to blackmail your way out of the problem instead of going the legal route? And you think you have any power because you are willing to commit a crime? I don't get your logic at all. If he is unlawfully entering without notice deal with it legally...

Most homeowners policies don't care if you are renting part of your home but the policy won't cover the tenants belongings at all. A landlord policy is substantially cheaper than a homeowners policy because it only covers the structure.

As for the taxes you don't have a clue what he is claiming and in most circumstances the write offs against that income will actually produces a paper loss. Of 26 rentals I only have 16 that have profits come tax time because the write offs are huge, depreciation of a $200k building is about $7k. These types of write offs allowed me to get a tax break on my primary source of income way back when I did work.
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Old 01-27-2018, 03:57 PM
 
3,461 posts, read 4,650,667 times
Reputation: 4032
If you have a written lease what does it state regarding lease break and penalty, if applicable? That is where you need to start because that will trump everything else. Forget about the rest of the crap you are trying to pin him on. Stick with what your lease states and your state rental laws.

And based on your thread title, if you need to break a lease the only consequences there would be is the penalty you have to pay to do so. There is nothing that goes on your record anywhere if that is what you are worried about, unless, of course, you skip out on paying any applicable penalties and the LL sues you for that money or if you leave without paying any past due rent or any other monies due for damages, etc.
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Old 01-27-2018, 04:04 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,605,394 times
Reputation: 15472
Quote:
Originally Posted by Corn-fused View Post
If you have a written lease what does it state regarding lease break and penalty, if applicable? That is where you need to start because that will trump everything else.

And based on your thread title, if you need to break a lease the only consequences there would be is the penalty you have to pay to do so. There is nothing that goes on your record anywhere if that is what you are worried about, unless, of course, you skip out on paying any applicable penalties and the LL sues you for that money or if you leave without paying any past due rent or any other monies due for damages, etc.
Pretty much.

All that other stuff, however true it is, won't matter much should your LL ever take you to court.

Meet the terms of your lease, including how to break it. If your lease doesn't contain a clause regarding early termination, then follow your state's law in this regard.

Nothing is stopping you from reporting him to your local permitting authority. And actually, I would do that, as long as the agency would shield your name (I believe most do.) He sounds like a scuzzy LL whose style should be cramped. Just don't attempt to do it by being a scuzzy tenant in return.
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Old 01-27-2018, 04:11 PM
 
3 posts, read 1,686 times
Reputation: 10
I don't need to break a lease, I just want to. This landlord is a slob and a pain in my neck. If there are no consequences, I'd like to leave.

I have reviewed the lease. There is no mention of such a situation (if tenant chooses to leave, what are his/her obligation and what fees apply). So, it's not clear what consequences would come of it. That's why I'm here.

Also, is a lease void if the property is not properly registered? I ask because I just checked with the county, and apparently any rental properties need to be listed as such. This address is listed as "residential single family", but he lives here and rents out 2 other floors, each as an apartment. (we all have the same mailing address).

If a lease is void, is there any way the landlord can use the lease to sue me for rent?
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Old 01-27-2018, 04:12 PM
 
Location: Avignon, France
11,088 posts, read 7,831,082 times
Reputation: 28771
Could come back and bite you in the butt next time you try and rent.
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Old 01-27-2018, 04:17 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,605,394 times
Reputation: 15472
Quote:
Originally Posted by tbh88 View Post
I don't need to break a lease, I just want to. This landlord is a slob and a pain in my neck. If there are no consequences, I'd like to leave.

I have reviewed the lease. There is no mention of such a situation (if tenant chooses to leave, what are his/her obligation and what fees apply). So, it's not clear what consequences would come of it. That's why I'm here.

Also, is a lease void if the property is not properly registered? I ask because I just checked with the county, and apparently any rental properties need to be listed as such. This address is listed as "residential single family", but he lives here and rents out 2 other floors, each as an apartment. (we all have the same mailing address).

If a lease is void, is there any way the landlord can use the lease to sue me for rent?
You need to ask an attorney that question, but my impression is no, it wouldn't void the lease.

And when a situation is not specifically addressed in a lease, then state law governs. So look up your state's landlord/tenant law.
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Old 01-27-2018, 04:57 PM
 
Location: The Triad
34,091 posts, read 82,438,418 times
Reputation: 43642
Quote:
Originally Posted by tbh88 View Post
I live in Columbus, OH.
I am almost 5 months into my 12 month lease.
I want to break the lease and be done with this apartment.

Do I have all the power in this situation...?
There is no 'power' just the law.

What does the lease and OH law say about the early termination?
If you aren't CERTAIN then get educated. (Link to many state laws above)

Quote:
Under normal circumstances...
You'll leave at some point and he'll re-let at a later point.
Your risk is the time between the two dates.

How long was your place empty before YOU moved in?
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Old 01-27-2018, 05:29 PM
 
Location: North Idaho
32,477 posts, read 47,405,393 times
Reputation: 77670
Were you hoping to come here and have us all tell you it is OK to be a jerk?

I'm sorry to hear, though, that everything was so neat and tidy until after you moved in and after that, the landlord started leaving junk and clutter around.

If your lease does not give lease termination terms, look and see what your state law requires to break a lease.

And Incidentily, if he is living in the house, he would have a homeowners policy because he is living in his house. Really, it seems an awful lot like his insurance isn't really any of your business.
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