Should this offer still be valid? Would it hurt to try? (apartment complex, lease)

[Velkyrion]

Hello, I am currently living at an apartment complex that is targeted towards students. I moved in last August of 2014. Upon moving in, we had extensive problems with bed bugs (from previous tenants) and management and around that time we were given the offer to move out with no termination fees or rent owed. We expressed our concern to the management at that time that we weren't able to move out yet due to the timing (just starting school and there being NO places open to move to). There was no deadline or expiration date given for that offer, and we have written copies stating that the offer was given. It is our impression that this offer should still be valid. We are in a much better spot now with being able to secure another place due to actual availability.

From then until now, we have still had issues with unsanitary living conditions that are detrimental to our health. We are writing up a lease termination notice to have hand delivered to the front office explaining all of this. We have about 5 months left on the contract.

Do you think that we can legally still get out with their offer? What's the worse that could happen? Them just say no? We cant afford to pay the remaining rent in addition to a new place if we end up just getting kicked out. We just need out because it is an unsanitary place to live. We have also taken pictures of all of these conditions, so we have that to back us up.

[STT Resident]

Originally Posted by Velkyrion

What's the worse that could happen? Them just say no?

Yes.

[Velkyrion]

If they say no, is there anything we can do? I dont necessarily want to threaten legal action again, as we had to to get anything with the original problem done, but if thats what it takes..

[STT Resident]

Unless you have documentation of inhabitability issues which you've brought to the attention of your landlord in writing along with proof that he's not addressed them, likely not. You'll also need documented proof from physicians that the "detrimental" conditions directly resulted in medical issues you've had to deal with. You've continued living there so the assumption will be that the conditions weren't too bad. Never threaten legal action unless you have something to back it up as doing so is likely to backfire.

You'll find your state landlord tenant laws linked in the first "sticky" on this forum and you might want to read through them to see what they say about early termination of a lease in your state.

[NY Annie]

And since you're in college, head to student services and request legal assistance. Most large colleges and almost all universities has some kind of legal advice/representation for student renters.

[Velkyrion]

Since it is a student apartment, we don't really have a landlord. It is more like a front office full of other students and one head "manager." Then the complex itself is under another management company. Unfortunately, they dont reply to emails so most of our contact has been in person with the front office, or on the phone when expressing our concerns. We have photos of all of the issues though.

I have been to the doctor when the issues first started to arise because I was having health problems, and was told it is stress-related due to the apartment problems.

[NoMoreSnowForMe]

Originally Posted by Velkyrion

Hello, I am currently living at an apartment complex that is targeted towards students. I moved in last August of 2014. Upon moving in, we had extensive problems with bed bugs (from previous tenants) and management and around that time we were given the offer to move out with no termination fees or rent owed. We expressed our concern to the management at that time that we weren't able to move out yet due to the timing (just starting school and there being NO places open to move to). There was no deadline or expiration date given for that offer, and we have written copies stating that the offer was given. It is our impression that this offer should still be valid. We are in a much better spot now with being able to secure another place due to actual availability.

From then until now, we have still had issues with unsanitary living conditions that are detrimental to our health. We are writing up a lease termination notice to have hand delivered to the front office explaining all of this. We have about 5 months left on the contract.

Do you think that we can legally still get out with their offer? What's the worse that could happen? Them just say no? We cant afford to pay the remaining rent in addition to a new place if we end up just getting kicked out. We just need out because it is an unsanitary place to live. We have also taken pictures of all of these conditions, so we have that to back us up.

Worst case scenario, is they say no, you then take them to small claims court, and you lose. But, I think you can use their offer to move out. Of course, I have not read the offer, but I'm taking your post as fact, that the offer was open-ended.

By any chance, did you mention at the time that you couldn't afford to move yet? Even if you didn't, I think you're still okay to accept the offer. But, if you didn't put anything in writing that could look like you actually denied their offer, I'd proceed as if the offer is still open. I'd write a letter like this:

Dear Landlord,

As you know, we have had problems with bedbugs that were present in the apartment when we moved in. You made an offer to us that we could terminate the tenancy without penalty, because of the bedbug problem. As you also know, we were not in a position to move immediately, for financial reasons, as well as the fact that there were no available rentals at that time.

We are now in a position to move, and have found other accommodations. So, we are now accepting your offer to terminate the tenancy without penalty. Our move-out date will be _____________________. Please return the deposit money to the forwarding address below.

Sincerely,

You
Your forwarding address

--------------------

Then, see how they respond. If they come back with no, then again tell them that they made an offer and you accepted it, and under the law, that is binding, and that if they don't honor their offer, you will be taking them to court and reporting to any and all authorities that would be appropriate for continued health violations and habitability issues.

Start out nice, then play hardball if necessary. If they don't honor the offer, you can take them to small claims court and ask the judge to tell them they have to honor their offer. It's called an "injunction." An injunction is when the judge tells someone they need to do something, or to stop doing something.

Good luck.

Oh, and BTW, if the other health issues can't be directly pinned to anything regarding the landlord being negligent in taking care of the property, I would not mention that. Stick only to the bedbug issue, which was the cause for the offer to terminate without penalty. The reason is, it could actually weaken your case, instead of strengthen it. You might come across like a whiner or complainer without any concrete proof or reason for your health issues. So, just stick to the bedbug issue, and the offer to move being open.

If you end up in court, the judge may ask if you still have bedbugs, and I think you'd be fine if you're honest, even if that means you no longer have them. Say you were very inconvenienced because of the bedbug problem, and you considered this offer to be their way of settling the issue with you, so you wouldn't sue - that it was a legal settlement in your mind, with an open-ended timeline to accept it when you became in a position to afford to do so.

Something like that.

[Velkyrion]

Should the letter be turned in to the office in person? Or mailed in/dropped in their mail? I was going to turn it in and have someone at the office sign both my copy and theirs saying it was recieved and on what date.

[STT Resident]

The latter is fine.

[Velkyrion]

Can they refuse to accept or sign the letter?