Getting out of a lease

[AgentJean]

Here's the deal. I'm sick of my apartment. I've been here like 3 months and theres nothing but constant noise from the upstair unit, you can hear them simplely walking around let alone the kids jumping on the floor. I'm a night creature so I can hardly sleep during the day because of the noise. Air plugs don't do any good either.

Also there is a major bug problem. They spay only the kitchen area and expect the bugs to go away. All that happens is they go to another appartment and chill for a while before coming back.

I talked with the office and they said I could leave but they'd charge me $2400 bucks. Not accpetible. If they for some reason desided to just cancel the lease can they still charge me. I mean I'm not doing to break it with that cost but I'm thinking about bitching and moaning every day about every little bug I see(even something as small as a fruit fly) and every time the kid upstairs jumps on the floor.

If they finnaly get sick of me and deside to throw me out before the lease ends are they intitled to any damages?

 

[chuckywang]

sublet?

 

[AgentJean]

Originally posted by: chuckywang
sublet?

I can't subject someone to this ces pool. That would be immoral.

 

[Mermaidman]

Make all your complaints in writing and establish a document trail for all the problems, and use spell check for god's sake

 

[AgentJean]

Originally posted by: Mermaidman
Make all your complaints in writing and establish a document trail for all the problems, and use spell check for god's sake

I'm at work typing between calls and via a Terminal Service connection. There is no time for spell check

 

[Whoozyerdaddy]

Not that I would ever advocate any illegal activity.... but if the place were to mysteriously burn down, not only would you be released from your lease but you could probably sue the property owner to boot!

 

[AgentJean]

Originally posted by: Whoozyerdaddy
Not that I would ever advocate any illegal activity.... but if the place were to mysteriously burn down, not only would you be released from your lease but you could probably sue the property owner to boot!

We should burn you at the stake for that remark.

I vote bannage for that.

 

[Reckoner]

Originally posted by: AgentJean
Here's the deal. I'm sick of my apartment. I've been here like 3 months and theres nothing but constant noise from the upstair unit, you can hear them simplely walking around let alone the kids jumping on the floor. I'm a night creature so I can hardly sleep during the day because of the noise. Air plugs don't do any good either.

Also there is a major bug problem. They spay only the kitchen area and expece the bugs to go away. All that happens is they go to another appartment and chill for a while before coming back.

I talked with the office and they said I could leave but they'd charge me $2400 bucks. Not accpetible. If they for some reason desided to just cancel the lease can they still charge me. I mean I'm not doing to break it with that cost but I'm thinking about bitching and moaning every day about every little bug I see(even something as small as a fruit fly) and every time the kid upstairs jumps on the floor.

If they finnaly get sick of me and deside to throw me out before the lease ends are they intitled to any damages?

Time to test out the subwoofer.... :evil:

 

[KarenMarie]

Once, I viewed a gorgeous apartment in a complex and decided to sign.

when moving day came, i was handed the keys to a below ground apartment that was filthy, needed painting and had dead bugs all over it. I was basically screwed because I had given up my old apartment and had a kid so it was not like i could turn it down... i HAD to move into it.

I took pics, every day, of the bugs... and I had detailed pics of dirt and chipping paint and stuff that was wrong.

And every day, i went to the office... when i knew prospective tenants were coming to view, and I complained loudly.... how they showed me a nice one and gave me a crap one and i was going to call the health board and the housing authority and yada yada yada.

After three months, they told me that they were going to refund my deposit ... in full.. and i could leave as soon as I found a new place to live.

 

[lizardboy]

What state?

Read your lease - the whole damn thing. In most states the language is fairly boilerplate (standardized) and states exactly which circumstances allow a tenant to break their lease. Google your state's Property Code (should be online) and look for the section on Tenant-Landlord rights (residential, not commercial).

I know in TX there are certain situations that, if documented properly, allow you to get out of a lease. This is going to require a bit of work on your part (sending certified letters, keeping a log, taking pictures, etc), but it's certainly possible if the situation is as bad as you describe it.

 

[AgentJean]

Originally posted by: lizardboy
What state?

Virginia

 

[nsafreak]

And this is why I insist on looking at the apartment that I'll actually be living in as opposed to a model apartment. Saw the actual apartment that I was going to move into before I moved in. Liked it, moved in and haven't had any problems at all. Nicest thing about this apartment is that it has nice thick walls and there is nobody in the apartment below me

 

[HomeAppraiser]

They violated your right to the quiet & pest free enjoyment of your apartment therefore breaking the lease on their end. If you pay month to month, pack up and leave when the month is gone with notice of the breach on their end. Sure you kiss you deposit goodbye, but they can't bill you for the $2400.

 

[AgentJean]

Originally posted by: nsafreak
And this is why I insist on looking at the apartment that I'll actually be living in as opposed to a model apartment. Saw the actual apartment that I was going to move into before I moved in. Liked it, moved in and haven't had any problems at all. Nicest thing about this apartment is that it has nice thick walls and there is nobody in the apartment below me

All I know is what the rent is on this place for another 100 bucks or so we could have gotten a rental HOUSE.

I swear if I see another roach at this place I'll take the spraying into my own hands. When I'm finished the UN will be searching the appartment complex for a checmical weapon stockpile I think enough foggers to take care of a space 10x my appartment set off at once should get rid of the buggs.

 

[Sc4freak]

Originally posted by: AgentJean

Originally posted by: nsafreak
And this is why I insist on looking at the apartment that I'll actually be living in as opposed to a model apartment. Saw the actual apartment that I was going to move into before I moved in. Liked it, moved in and haven't had any problems at all. Nicest thing about this apartment is that it has nice thick walls and there is nobody in the apartment below me

All I know is what the rent is on this place for another 100 bucks or so we could have gotten a rental HOUSE.

I swear if I see another roach at this place I'll take the spraying into my own hands. When I'm finished the UN will be searching the appartment complex for a checmical weapon stockpile I think enough foggers to take care of a space 10x my appartment set off at once should get rid of the buggs.

Haha, Mythbusters did a story about this, someone did exactly as you described and literally blew their house off the foundation.

 

[AgentJean]

Originally posted by: Sc4freak

Originally posted by: AgentJean

Originally posted by: nsafreak
And this is why I insist on looking at the apartment that I'll actually be living in as opposed to a model apartment. Saw the actual apartment that I was going to move into before I moved in. Liked it, moved in and haven't had any problems at all. Nicest thing about this apartment is that it has nice thick walls and there is nobody in the apartment below me

All I know is what the rent is on this place for another 100 bucks or so we could have gotten a rental HOUSE.

I swear if I see another roach at this place I'll take the spraying into my own hands. When I'm finished the UN will be searching the appartment complex for a checmical weapon stockpile I think enough foggers to take care of a space 10x my appartment set off at once should get rid of the buggs.

Haha, Mythbusters did a story about this, someone did exactly as you described and literally blew their house off the foundation.

I'm more likely to be renamed from Agent Jean(Pronounced "John".) to DrNervGas than the apparment blowing off the foundation.

 

[AgentJean]

Originally posted by: HomeAppraiser
They violated your right to the quiet & pest free enjoyment of your apartment therefore breaking the lease on their end. If you pay month to month, pack up and leave when the month is gone with notice of the breach on their end. Sure you kiss you deposit goodbye, but they can't bill you for the $2400.

They said they'd be intitled to 2 months rent.

Like I said for a few more bucks I could have gotten a rental house :|

 

[Eeezee]

Sublease to someone. That's probably the best way to move out without getting charge $2400 (which is an awful lot of money).

 

[SearchMaster]

You're pretty much screwed, unless the fair market value of your apt has risen since you moved in and the complex has a reason to want you out, which it doesn't sound like. They're making a good faith effort (in the court's eyes) to keep the bugs out, and unless it's just a ridiculous infestation (take pics when you see a lot of bugs at once, onesy-twosy won't do it), it'd be hard to prove unliveable conditions.

KarenMarie gave the only advice here that will actually work - make yourself such a pest (legally) to the management that they want you out.

you can hear them simplely walking around let alone the kids jumping on the floor.

While their noise-proofing may be inadequate, you can hardly blame the complex for this, nor can you blame the residents upstairs. Welcome to apartment living - this is precisely why I moved into a house.

 

[HomeAppraiser]

Did you have to pay three months rent up front to move in? How much was your deposit? At a place like that the jerks are going to keep your deposit anyway so just have them apply it to your rent.

Remember a landlord CANNOT collect two rents on one apartment at the same time, so if you break the lease and they rent your old place out in two weeks then they can only bill you for the two weeks it was vacant NOT two months!

Good luck.

 

[AgentJean]

Originally posted by: SearchMaster
You're pretty much screwed, unless the fair market value of your apthas risen

Fair market value? Everything here is over priced.

 

[SearchMaster]

Originally posted by: AgentJean

Originally posted by: SearchMaster
You're pretty much screwed, unless the fair market value of your apthas risen

Fair market value? Everything here is over priced.

Are you sure you know the meaning of "fair market value"?

 

[BoomerD]

http://www.dhcd.virginia.gov/Forms/Landlord/landlord-tenanthandbook.pdf

 

[funboy6942]

Originally posted by: AgentJean

Originally posted by: chuckywang
sublet?

I can't subject someone to this ces pool. That would be immoral.

One mans Ces pool is anothers mansion. Its not really up to you to decide. Put it up and see who takes it and you will be surprised. Hell you took it didnt you?

 

[HomeAppraiser]

How much of YOUR money do they have right now?