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Thanks for the help!! I really appreciate it. The management company has verbally told me that they will let me out of my lease, now I just have to get it in writing. Since they are who I have the contract with, I just need something from them and then I will give the owner 60-30 days notice that I am moving out. I also learned that the owner is in breach of contract because he changed the rules when he had me start sending him the rent instead of it going through the management company. So, fingers crossed, we'll have the letter by the end of the week.
If you don't have a signed lease you don't have a lease and your previous lease has been carried over to a month to month. I went through this several years ago when the landlord of a house I was temporarily renting just wouldn't fix anything. I had been in the house for about six months and hated the place from the minute I moved in. The refrigerator conked out, there was gross mildew on the lower story every time it rained, etc. so I moved out before the lease was up.
The landlord took me to small claims court for rent for the remainder of the one year's lease. The judge was obviously leaning towards granting his suit when I pointed out that in fact although I had signed the lease agreement and returned it to the landlord he, in turn, had never signed it or provided me with a copy. Case closed, landlord lost.
PS, and don't withhold rent under any circumstances. That's bad advice and you can only legally withhold rent if you go to court and the money is put into an escrow account until the dispute is resolved.
PS, and don't withhold rent under any circumstances. That's bad advice and you can only legally withhold rent if you go to court and the money is put into an escrow account until the dispute is resolved.
I've done it when the landlord wasn't making repairs and the judge ruled for me because of it. Judge explained I was to pay the rent once the repairs were made.
I'm not paying rent somewhere were the landlord isn't maintaining the place.
I've done it when the landlord wasn't making repairs and the judge ruled for me because of it. Judge explained I was to pay the rent once the repairs were made.
I'm not paying rent somewhere were the landlord isn't maintaining the place.
In Texas you lose all your tenant rights if you fail to pay rent. There is a legal process that must be followed, which includes certified demand letters, before rent can be withheld. It might be different in FLA, but in Texas its straight forward and clear. Tenants absolutely may not hold back rent without following the specific process prescribed by law, no exceptions, period.
In Texas you lose all your tenant rights if you fail to pay rent. There is a legal process that must be followed, which includes certified demand letters, before rent can be withheld. It might be different in FLA, but in Texas its straight forward and clear. Tenants absolutely may not hold back rent without following the specific process prescribed by law, no exceptions, period.
Steve
In my previous post I had explained to sent certified letters first. I wasn't saying just hold back rent and that's it.
In my situation I had sent a couple of certified letters to the landlord requesting for repairs to be done. I had given the landlord more then enough time to make the repairs. So in my final letter I explained I wasn't paying rent until repairs were done.
When court time came I had more then enough proof as to why I was holding back the renting.
I resigned my lease with the understanding that my ac/heater would finally be fixed. I've been trying to get it fixed since Jan 07 (I know stupid). My house is not that large and I keep my ac on 80, so we are usually sweating. My electric bill is over $400 a month. I'm tired of doing this and thought that I might be able to get out of my lease by giving constructive notice. The owner fired the management company, but when I spoke with the management company, they said the owner told them not to fix the ac/heater. I'm tired of this and want out. I just realized that my copy of the lease does not have a signature from the management company or the owner. It was all done through email, but my copy does not have a signature other than ours. Can I get out of the lease now???
Another option for you would have been to call Code Enforcement. Once they get involved the owner has a set amount of time to make repairs. If they don't this may give you a better chance of getting out of the lease.
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My house is not that large and I keep my ac on 80, so we are usually sweating. My electric bill is over $400 a month. I'm tired of doing this and thought that I might be able to get out of my lease by giving constructive notice. The owner fired the management company, but when I spoke with the management company, they said the owner told them not to fix the ac/heater. I'm tired of this and want out. I just realized that my copy of the lease does not have a signature from the management company or the owner. It was all done through email, but my copy does not have a signature other than ours. Can I get out of the lease now???
