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First, they can't just "take" your deposit for breaking your lease. It has to be applied to something, cost of reletting, cleaning fees, balance of lease, whatever.
I don't know what kind of lease it is, but the standard ones call for a cost of reletting that is 85% of one month's rent, plus the balance of the lease or until a new resident takes over, whichever comes first. (They cannot collect "double rent" by charging you for the 8 months left on your lease then turning around and re-renting it the next month).
I would be upfront with your Landlord and tell him you want out, and find out what his "criteria" is for tenants. If you can use craigslist and backpage to find a replacement tenant, which you should be able to do, see if he will just let you out of the lease if you can give him a replacement on a silver platter. I would even consider paying some fee or something to cover his costs for "prepping" the unit again for a new tenant. Chalk it up to lesson learned and go get a free standing unit or a house.
Modster watch it, you don't have the contract in front of you. Almost everything you are saying is entirely dependent on the rental agreement.
Modster watch it, you don't have the contract in front of you. Almost everything you are saying is entirely dependent on the rental agreement.
Actually no, the part where I specifically refer to "standard leases" (which are provisions found in the Texas Apartment Association lease forms that most complexes use) would definitely be specific to the individual lease. I thought I was clear on that point. Similar provisions exist in most other lease forms so yes, the OP would have to review their specific lease to see if it is the same or similar.
As for the items like not being able to charge "double rent" by charging the balance and then collecting rent from a new tenant, and not taking a deposit for breaking the lease without having specific charges such as cleaning or cost of reletting are all things the courts will not allow. Any Landlord in Texas that tried it would lose in court if challenged.
Call the concierge. I work as concierge at a condo and it's my job to deal with noise complaints. Talk to property mgmt too, while they cannot kick the resident out, they can speak to them to the point that they'll be so bothered about it that they might just shut up to avoid getting lectured. If all else fails, buy some earplugs. I sleep with them every night, once you are used to them, they work wonders.
Call the concierge. I work as concierge at a condo and it's my job to deal with noise complaints. Talk to property mgmt too, while they cannot kick the resident out, they can speak to them to the point that they'll be so bothered about it that they might just shut up to avoid getting lectured. If all else fails, buy some earplugs. I sleep with them every night, once you are used to them, they work wonders.
Interesting idea. Looking to rent a condo here in town, I'd prefer to get a house, but the costs are a lot higher and may not be as fiscally viable.
The ideas mentioned here are solid. Be upfront with your landlord, and talk to the property management folks.
You Be the Judge: The Case of the Noisy Tenant: A Nightmare | Law & The Courts | Reader's Digest (http://www.rd.com/national-interest/law-and-the-courts/you-be-the-judge-the-case-of-the-noisy-tenant/article.html - broken link)
Here is a message board re: case, where you may find some help also.
Good luck.
Last edited by FreeSpirited1; 02-08-2008 at 12:05 AM..
Reason: forgot link
Hi, I am Heidi,52,disabled,morbidly obese. This is hard to try and word but I will do my best. I like in an apt. I want to live in a HUD for disabled. My apt is not handicap accessable outside or inside. I barely fit into the bathroom. I got a hold of Adult protective services,they got me an application for a hud disability apt. the manager here knows they were here.then the manager told me I had to get proof of income,I brought it to her and she had me sign another lease,because mine ends sept 1/09. I was scarred not to sign it because I did not know if I got hud apt or not so I signed because I am scared to death of being homeless because last yr I lived with my daughter and she abandoned me when I was asleep and I had heart failures,painic attacks,household stolne cats killed. so you can see it terrifies me. Well, the very next day after signing the new lease for this big infested terrible apt. I got accepted at hud apt. I took it. I do not care if I owe money to this old apt because I am on ssi and they can not garnish my money because of that I hear. I hope. But, I do not want new apt to find out about this. And my old place has some hud apt I just learned and they never offered any to me and I paid $457 a month for this tiny apt. and at hud I will pay $160. I need a good lawyer to help me. Maybe even get money for then not tellinig me about hud apt here and their are bigger better places with ramp not many but a few.and I am stuck way in back of this huge complex and hard to get to parking lot.My nurses aide can not push me there because the sidewalks are so narrow and cracks and huge bumps,etc. Can you help me please. I need to move to this new hud where there is nurse on call and handicap apts. How can I get out of the lease at this bad place? I can not live where I am at it just does not work for me anymore because of my illnesses. and I was asked way to early to sign the lease and it scared me into signing .I believve they knew I was going to get another place with the help of adult protection services,which I did...it is hud for disabled and eldery and just what I need before next step a nursing home. I can not get out and do things here because it is so difficult with the long walk to parking lot and aide can't push me in wheelchair sideswalks too bad. and in apt bathroom is too small I can not fit. and much more. HELP please Help me get out of this lease
Heidi Fenelon
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