Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm not a regular here at this forum, but I'm hoping to get some advice about breaking my lease. (please let me know if my post is in the incorrect area.)
Anyways, here are the details and I'm hoping to get some advice.
I am currently signed with a 1-year lease in Detroit, MI. I have been here two months, but recently got a job in WA and therefore plan on moving out in March. In order to break my lease, I am supposed to find someone else to take up a new one year lease in my space, I'm not sure how feasible that is, but regardless I would like to just get out of the lease if possible. Here are some things that I have going on my side, I think:
-Bait And Switch. I was shown a different apartment and was told that it would be the apartment I was signing for. However, when I signed paper work, the room number was sneakily switched on the sheet and I ended up moving into a dump. It has since been spruced up, but I have photographs of what a total mess it was in when I arrived...glass in the bathtub and the fridge covered with bugs and tons of contractor supplies (paint, ladder, garbage, etc.). I have no real way to prove that this was a bait and switch, however, it was filled with junk and pretty gross upon arrival. All things documented with camera.
-My oven exploded. This happened this first month living there. It was an old gas oven and it blew up while cooking. It completely blew out the kitchen window, burned my leg a small bit, singed off my leg hairs, melted my nylon shorts. I have photos of everything. Additionally, my friend was there to witness it. The oven was quickly replaced, as well as the window.
-Currently, the heat is not working in my apartment. It is supposed to be fixed soon, however, I was told by the heating company that came to check things out that (off the record) they recommend me buying a space heater cause the boiler system is completely messed up.
Other things you may wish to know. I have told the management company via e-mail that I plan on leaving in March because of my job, asking how I should go about this. I am supposed to find an individual to replace me for a new 1 year lease. IDK how this will impact things. I do not wish to move out before March, hoping to somehow strike a deal with my landlord. Essentially, what I need is advice on whether or not the information I have presented to you is enough to legally break my lease? I hope to use this as leverage in order to change my lease for ending in March as opposed to immediately.
Any advice, tips, or thoughts are greatly appreciated!
well to answer your question its just a messed up situation. The long and short of it is that legally, you are still obligated to either finish the lease out, or pay up. Now dont get me wrong, they cant physically hold you there. But you will then have an eviction if you just stop paying. Even if you take all of your information to court about the sneaky things they did, the judge will still tell you that you needed to keep paying the rent. And, if at the time of the court date the judge sides with you, you may be able to get that money back. Only a judge can tell you his/ her answer. But if you just pick up and leave without paying....you will have an eviction. Then its on you, because you never told anyone about what really happened and the favor is with them.
I've been doing a lot of research, and it seems that if the heat does not in fact get fixed I can break my lease. Still looking into things though. Kinda giving up on the idea of living here in some sort of agreement unit March. I'll see.
The bait and switch is probably too late to sue over, since you did accept the unit and they fixed it. You could ask them for a rent abatement for any time you had to live in it while it wasn't up to what you bargained for. I did this in a situation very similar to yours, and they lowered my rent for a month.
They do have to provide you with heat. But, they might be able to get away with just providing you with space heaters. And if they don't, your remedy would be to move out now, or to charge them for a space heater or something like that.
Neither of these will help you break the lease in March, if they remedy the problems. You could sue them for the cost of space heaters, and for a rent abatement for living in the place while they were getting it finished, but you couldn't break the lease over it, in my opinion.
What you could do, in my opinion, is use the oven blow-up to get out of your lease in March. The reason is, that you probably have around 3 years to sue them over the oven. It's called the Statute of Limitations. You could call and ask a lawyer what it is in MI for this type of claim, but it will be at least 1 year, and likely 3 to 5.
What this means is that you can live there without complaining about the fact the oven blew up, scared the living daylights out of you, hurt you physically, and caused you to live in less-than-habitable conditions until they replaced the window, etc. -- and sue them way later, as long as you were still within the Statute of Limitations timeline.
So, what you could do, in February, is tell them you will be moving on March whatever, and that in exchange for them not charging you a lease break penalty or requiring you to find a replacement, you will sign a settlement agreement that you agree to never sue them over the oven blowing up, which caused you physical injuries, as well as physical and emotional pain and suffering. And include all the photos.
If they don't agree to sign the settlement agreement, then get a lawyer and have the lawyer send them the settlement agreement, with the additional lawyer fees on top of it.
I've been doing a lot of research, and it seems that if the heat does not in fact get fixed I can break my lease. Still looking into things though. Kinda giving up on the idea of living here in some sort of agreement unit March. I'll see.
awesome advice, I will look into all that you said.
My lease ends in Sept.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
