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Old 07-27-2007, 10:16 AM
 
6 posts, read 32,779 times
Reputation: 15

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I'm about to break my lease. I went over my lease and there is nothing stating anything regarding breaking the lease.

The reason I'm breaking for the following reasons:
Bugs-there are bugs that I’ve called an bug guy (called 3 different ones) all say they can not spray because the spray need to be outside to get ride of the millipedes. They can't spray outside cause I'm on the 2nd floor and they need approval from the owners on the bottom floor but there are owned but no one is living there.
Noise-I-75 traffic, neighbors cars (stereo)
drugs-I have 2 known drug dealers living next door
bums-the homeless and drug seekers are always hanging outside
Theft-Neighbor was car jacked at knife point.

I will be moving into my new place that cost more then what I’m paying now but it has become unsafe for me and my 5yr old daughter to stay in our current lease. I will be moving on August 4th. My rental agreement says I pay my rent on the 14th of every month.

So my question is I'm I required to pay on the 14th of Aug or not? and can my landlord sue me for breaking my lease?
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Old 07-27-2007, 10:56 AM
 
Location: Tampa, FL
10 posts, read 38,173 times
Reputation: 11
Have you spoken with your landlord? I own rental properties and I have had tenants tell me that they are moving out and breaking the lease. I usually negotiate with them. ie. You loose your security deposit and just pay rent until you leave. Some have done that, others just leave loosing only the security deposit. If the house is in good condition. In other words, not beat up. Move on. I only come after them if the house is damaged, and you better believe that as a the landlord I have that right.
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Old 07-27-2007, 11:00 AM
 
Location: Tampa, FL
10 posts, read 38,173 times
Reputation: 11
also, did you not see the conditions around you. You describe something very obviouse other than the bugs. Look, Landlords are people too. We want to know in advance before tenants leave. No one likes being left out in the cold. My advise is leave on a friendly terms, in other words, do the right thing.
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Old 07-27-2007, 05:36 PM
 
47 posts, read 154,044 times
Reputation: 24
Foreclosurebuyer is right. Plus, if you move to other places, they may call the landlord--who may give you a bad report. Your rights should be stated in your lease agreement. If you don't have a copy handy, go to the office and request for one. Most apartments have a right to charge you for the remainder of your lease period (ex. if you have two months left on your lease, they can charge you those months and take your deposit). The lease is to protect the landlord from these issues. And when you agree to those terms, there isn't much you can do.

But I agree...calm down and try and emphasize with the nicest person in the office ! Cry if you have to! But, work it out...for your behalf. I'm sure they will take your deposit though, and MAKE SURE there are absolutely NO damages, because you will be charged. Apartments have a tendacy of being more strict then an individual landlord.

And going forward, make sure you completely investigate the next place before moving. From what you mentioned about this area, you should have seen some of the signs before moving in (drugdealers). This time, ride through the nights to see the neighborhood (once everyone is home)... seek advice on the forums... ask neighbors...whatever you need to do to make sure that the next place is safe for you and yours.

Best of Luck to ya!
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Old 07-29-2007, 08:11 AM
 
6 posts, read 32,779 times
Reputation: 15
When I first moved in there where no bugs, everything was clean. This is a brand new condo and townhouse community. There are allot of vacant units. When I first moved in there were only one other couple living in the building. Shortly after I moved in problems started....

I moved in on 2/14/2007
The bugs didn't start until 4/16/2007
the Neighbor problem didn't start until 5/20/2007

I did call the landlord and he tone was like "ok what do you want me to do about it" He did say if the bugs were wood damaging bugs then he would do something and go to the HOA but if the bugs were not i was on my own.

I was told by my neighbor since the units aren't selling they opened the community to Sec8 (I'm not doging Section 8 at all) but my little community has nothing on the one that my patio is facing on a weekly bases I see cop cars (more then 3) raiding units over there.

Villages of Bloomingdale

Last edited by LinzNac; 07-29-2007 at 08:21 AM..
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Old 07-29-2007, 08:15 AM
 
6 posts, read 32,779 times
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This unit is a private rental. There is no damage to the unit. The only damage is from the ants.. where there were allot of ant the crown modeling has separted from the wall. But besides that and normal traffic dirt and some juice spills (which I can get up with a professional carpet cleaning service) on the carpets there is no other damage.
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Old 07-29-2007, 02:11 PM
 
Location: Not the end of the Earth, but I can see it from here
4,222 posts, read 4,380,337 times
Reputation: 4226
I'm thinking this is a fairly new townhome/condo community near me where the builder essentially walked away when the market tanked. Because of this a lot of the owners (some of who were planning on "flipping" their units) started leasing them out, since they couldn't recover their expenses.

Are there unfinished units there? If so, I know where you're talking about, and I can't blame you for wanting to bail...

RM
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Old 07-29-2007, 03:46 PM
 
Location: Tampa, FL
10 posts, read 38,173 times
Reputation: 11
Morton you may be right....accidentally landlord. Allot of them are frustrated and inexperienced in tenant/landlord laws and/or relations. LINZNAC I have tenants breaking their lease occasionally. I let them leave..... without their security deposit! As soon as a tenant tells me they're planning to leave I start looking for a new tenant, but that's me. I also know that my time is not well spent pursuing a broken rental agreement in court. I will pursue you if jack up my house though. But, back to my previous post, I always try to stay in touch with my tenants. I much rather have my tenants tell me that they are breaking their lease and giving me a moving date instead of them just leaving without any forewarning. I would voice my concerns and explain it to him. Let him know you don't feel safe. See what he says. Hopefully that helps.

Last edited by foreclosurebuyer; 07-29-2007 at 03:48 PM.. Reason: correction
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Old 07-29-2007, 04:32 PM
 
Location: Not the end of the Earth, but I can see it from here
4,222 posts, read 4,380,337 times
Reputation: 4226
I say that because I have a neighbor who owns one of the units in this development. They purchased it with the intention of moving in and making it their primary residence after their youngest child graduated from high school a few years ago.

When the builder bailed, their unit was already completed, but others were not. I don't know what they are doing with it right now, but I know they are not renting it. I don't think they're planning on moving in, either....

RM
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Old 08-01-2007, 01:15 AM
 
51 posts, read 311,878 times
Reputation: 74
Default I found a great webpage of a lawyer in California which list ways you can use to break a lease

The bugs are his problem, you do not rent apartment from HOA, your rent it from him. Each lease has implied covenant of quiet enjoyment and habitability which can be broadly interpreted. Check out the link to a webpage it has great examples. Even it states that if the drugs are sold on the property it is not habitable. Second thing you have to be tough on landlord, mail everything by certified mail and keep all the documents. Since he has a lease with you and building is crappy now, he will want to keep you there. He will be telling you "I cannot do anything about it" "it is not my problem." Look at anything that might be wrong (it is listed on his webpage) and complain about it. Than threaten him with lawsuit in small claims court, and just sue him. It costs $50 to file. Take pictures of bugs, police cars, etc. I used to be a landlord myself and although I agree that he might not do much about drugs, neighbors, etc, it is not your problem. He bought it for investment, so this is a business risk. You just rent so you can get out. As a previous landlord I would not go to a court if I know that I might lose. You might call lawyer, many will give you free legal advice as consultation. I would avoid free tenant hotlines or legal aids that use law students. I graduated from law school and can assure you that most students do not know much about it.

California Tenant Law - Free legal advice for California renters

(Although it is from California, those laws are similar in all states)

I am not a lawyer, so this is not a legal advice. It is just from personal experience.
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