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I read the lease again and there is no clause about breaking lease early....so not sure what to make of that.
She told me a while back that if I needed to break the lease to let her know and just give her time to find a new tenant. I have no problem doing that, and have no intention on screwing her over money wise or withholding rent. I know that is not the proper thing to do.
I know I have to allow her time to get people over, but I feel that over two weeks is enough time, no? i don't see why it would take longer than that.
Have no problem with my tenancy being in danger here, wish she would end it! I hate it here and have the money/resources to move somewhere else so it's no sweat off my back at ALL.
I read the lease again and there is no clause about breaking lease early....so not sure what to make of that.
Read your state's landlord and tenant law regarding early termination.
She told me a while back that if I needed to break the lease to let her know and just give her time to find a new tenant. I have no problem doing that, and have no intention on screwing her over money wise or withholding rent. I know that is not the proper thing to do.
What she 'told' you and what she's expecting you to do might be two totally different things and if the law says you have to pay off the lease, or pay rent until she re rents, that's what you're going to have to do. If you make an agreement with her, get it writing!
I know I have to allow her time to get people over, but I feel that over two weeks is enough time, no? i don't see why it would take longer than that.
Two weeks isn't that long, like I said a washer isn't considered a priority or emergency. It took my place 8 weeks to finally figure out what was wrong with my AC..was it annoying? Heck yeah it was! But they were at least doing something. If she really spent $800 to fix that washer, she got screwed, she could've just bought a new one!
Have no problem with my tenancy being in danger here, wish she would end it! I hate it here and have the money/resources to move somewhere else so it's no sweat off my back at ALL.
You really need to rethink that attitude a bit, I know you're annoyed, but breaking the lease is going to cost you some dough. It might be a simple as two months rent and forfeit the security deposit, or it could mean the balance of your rent paid in one lump sum. You need to find out what's required of you BEFORE you decide to break the lease.
whatever you do, would you please come back and post updates? I'm always curious how these things end and we rarely get updates.
I actually agree with the OP that a certified letter could cause some bad feelings. I'm all about the using honey approach.
But, you do need your requests in writing, because you need to cover your butt in case they try to charge any floor damage from the water to your security deposit, and you later end up in small claims court trying to get your deposit back.
An email is fine. Especially if you can ask a question at the same time that they have to respond to. Voila! Proof they received the communication. That's all you need. If they don't, follow up with another email, wondering if they got the last one?
I'm wondering why you care that it's leaking. Is it messy? You have to mop it up? If you can't use it, or you're having to mop up a mess, that would be one thing. If your frustration is just that they aren't taking care of the property, well, that's on them. Just cover your butt with multiple, nice little email requests, so they can't say there was damage happening that you didn't let them know about.
It's controversial whether a tenant clogging up pipes because of laundry lint, etc., is tenant's responsibility or landlords. As a property manager for an apartment complex, and for my daughter's SFH, I believe it's best if the landlord takes care of it. If a LL starts charging for fixing things, the tenant will quit calling. And who knows what kind of damage will result.
As far as breaking your lease. No, not without penalty over a leaking washer. It has to be about a habitability issue, like spewing sewage, rampant bedbugs, that type of thing.
In California, you can break your lease, and the landlord can only charge you for rent he lost while looking for a new tenant, and he has to make a decent effort to do so. Here's a link on breaking leases:
"What are my options if I want to get out of my lease early? First, ask your landlord if s/he will let you out of the lease. Landlords are sometimes pleased to obtain vacancies - especially if it will lead to a rent increase.
If your landlord refuses to let you out, you can ask the landlord if you can "assign" the lease. This means that you would have to find a new tenant. The landlord can refuse to do so, but if his refusal is unreasonable he must release you from the lease in thirty days upon your request.
For more information see the "Subletting and Assigning Leases" section of the NY State Attorney General's Tenant's Rights Guide. Generally speaking, if you break your lease the landlord can claim part or all of your security deposit for "unpaid rent." He could also go to court to enforce the terms of the lease (i.e., ask you to pay additional rent until a new tenant is found). Under current rulings, landlords have no duty to promptly re-rent the apartment."
The way I look at it, she's going to have to find a new tenant either way. I am not staying here. My lease ends in December, so either she will look now or look then. It's much harder to find a new tenant in the winter, around the holidays. So it's on her, and like I said, I don't mind waiting for her to find a new tenant. She finds them quickly, she found one for the other condo in two weeks.
Kim, I will come back and post updates. I am hoping she just lets me out-I have had several friends tell me that they broke leases with no financial repercussions. One girl just told her landlord she couldn't stand the noise, and he let her out. The other said she is moving back home because she needs to help an elderly parent, and they let her out. They didn't have to pay anything and they got their security back.
I truly appreciate everyone's advice. This type of thing is such a stressful situation, and moving is stressful, etc. It's nice to come here and get everyone's input.
Oh New York. Yeah, that sucks. No duty to mitigate.
Well, as you said, she may just let you go. Good luck!
Yes, that's what I'm hoping. Let's face it, I'm not happy with her and she's probably not happy with me, so this might be the better arrangement for everyone.
Unless you document each item in writing/certified letter, you have no proof that you reported these items and no proof of the timeframe you waited for landlord to fix.
Send certified mail immediately. In the letter, make note of the plumbing leak that occurs when you use the washer which makes it so you cannot use the washer. Mention that this occurred the 2nd day you used the machine and mention what the plumber said. Also mention that somene she told you this happened before, to her brother . (so nobody tries to blame you for causing the problem.)
This really isn't a broken appliance here...it is a plumbing clog. Also make note of the date that you told her about the issue and that nothing has been done and X days have passed. Specify that you need the washing machine and one of the reasons you rented was to have this washing machine. And that you do not have a car so cannot simply go to the laundromat. aks for money off rent each month to cover cab to/from laundromat and to cover fees for the laundromat. give a dollar figure that you want the rent reduced to "make you whole".
Also in letter specify the water leak issue caused by the recent storm. Specify the date you reported and reiterate the problem.
Print out a copy for you records and then make a file and put the certified mail receipt in the file.
Send this Monday. Don't call any more. You must have this documented if you are attempting to get out of the lease for these issues.
Sending this letter is necessary for you to CYA. It's not going to cause hard feelings for her. This is business. She is not taking action. She is not going to easily let you out of this lease. Actually, after you send the certified letter, she will know you "mean business" and she might let you break the lease a bit easier versus if you don't send the letter.
You need to CYA. You waited long enough...phone calls and waiting isn't working.
Unless you document each item in writing/certified letter, you have no proof that you reported these items and no proof of the timeframe you waited for landlord to fix.
Send certified mail immediately. In the letter, make note of the plumbing leak that occurs when you use the washer which makes it so you cannot use the washer. Mention that this occurred the 2nd day you used the machine and mention what the plumber said. Also mention that somene she told you this happened before, to her brother . (so nobody tries to blame you for causing the problem.)
This really isn't a broken appliance here...it is a plumbing clog. Also make note of the date that you told her about the issue and that nothing has been done and X days have passed. Specify that you need the washing machine and one of the reasons you rented was to have this washing machine. And that you do not have a car so cannot simply go to the laundromat. aks for money off rent each month to cover cab to/from laundromat and to cover fees for the laundromat. give a dollar figure that you want the rent reduced to "make you whole".
Also in letter specify the water leak issue caused by the recent storm. Specify the date you reported and reiterate the problem.
Print out a copy for you records and then make a file and put the certified mail receipt in the file.
Send this Monday. Don't call any more. You must have this documented if you are attempting to get out of the lease for these issues.
Sending this letter is necessary for you to CYA. It's not going to cause hard feelings for her. This is business. She is not taking action. She is not going to easily let you out of this lease. Actually, after you send the certified letter, she will know you "mean business" and she might let you break the lease a bit easier versus if you don't send the letter.
You need to CYA. You waited long enough...phone calls and waiting isn't working.
Interesting point. I will send the letter tomorrow. I will emphasize about the fact that one of the main reasons we rented the condo is because it had a washer dryer and that this is a huge inconvenience.
Just curious, does anyone think that this clog that is apparently causing the washer to leak on to the floor could cause other plumbing problems in the apartment? I know sometimes pipes can be all connected, so I am a bit concerned that this could lead to other issues....
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