Apartment lease question

[Qacer]

Hello...

I'll go into my story later on, but we are considering breaking our lease early due to reasons mostly related to the apartment maintenance jobs. Pretty much we've spent a couple nights at various times in the cold during our 1 year and 4 months stay. Part of our lease states the following:

FAILURE TO COMPLY: In the event you terminate this lease early, you must give a 60-day written notice, plus pay a termination fee equal to one (1) month's rent. With the satisfaction of payment of the above references termination fee and the fulfillment of the remaining provision of this lease your Security Deposit may be refunded. Should you fail to comply with the above you will be subject to owing all remaining rent throughout the term of this lease.

Will writing them a certified mail 60 days in advance and paying the termination fee satisfy this statement in our lease? I'm still not sure what the remaining provisions refer to, so I'm afraid they might have surprises under their sleeves.

I'm thinking of seeing a lawyer about this, but what kind of lawyer? Contract law or real estate?

Thanks!

 

[SmoochyTX]

What is it about the maintenance in the apartment that is making you consider breaking your lease? How often has something like that occurred?

 

[Qacer]

During our first year, we've had to call maintenance at least four times to fix the ventilation system. During our first week, we were only getting hot air. This was sometime in Aug / Sept 2005, so FL weather around that time has still some pretty hot spots. Come winter time, we realized that the system only puts out cold air. So we didn't have hot air and had to spend the night in the cold before they "fixed" it the next day. Then, FL weather gets hot again during winter, and we were only getting hot air. So, we call them again to fix it and to make sure that it is properly working. We told them that it was an inconvenience to have to call them every time the weather changes. Well, the weather gets cold again and you guessed it right. Only cold air was coming out. This process went on for a few more times. The last change we had was for cool air, and since winter was already over we did not use the hot air setting for a couple months.

When we signed our renewal in August of this year, I was verbally assured that the heating/cooling problem was properly fixed. I should have gotten it in writing in hindsight. Now, the problem has occurred again, and we spent another night in the cold. So, we've had enough. That's why I'm asking about that statement in our lease. I'd like to part ways with our current apartment in the right erms. I think that I've given them enough chances to fix a necessary utility, and I'm just fed up. What do you think?

I'm willing to give them a 60-day notice and pay the termination fee.

 

[chairbornrangerx]

just ask yourself if its worth it. Do you have 6 month lease? or 1 year lease? You said you've been there 1yr and 4 months. So you either have 2 months or 8 months. Breaking those lease's get EXPENSIVE... so unless you just can't stick it out 8 months be prepared to pay a lot of money.

 

[Qacer]

We have the 1 year lease, and yes, I am trying to evaluate all our options. That's why I am wondering about that Failure to Comply statement in our lease.

 

[LordNoob]

So-called "Termination Fees" or, in other words, contractual damages for breach which are specifically included in the contract are typically not enforceable. Most courts prefer actual damages as the proper relief rather than arbitrary penalties such as your termination fee.

 

[ojai00]

Why not try filing a complaint with your city's department of buildings to see if they can get anything done? Do you know how much the termination fee is?