Landlord fail to make promised repairs, break lease??

[macx]

What is the name of your state? MO

I work long duration construction jobs away form home, so usually rent an apartment.

In Oct I rented an apartment in KS for a job in nearby MO. The patio door was in very
poor condition and, without asking, the landlord promised to replace it by Thanksgiving.
He has not done this.

The doors to the inner hall also need repair, allowing a lot of cold air to come into the building and increasing unit heating costs. I left a note with the rent check about this and he called promising to have them repaired within a week. Also not done.

After moving in, I found the windows are also in bad condition which, combined with the drafty patio door, make it exhorbitantly expensive to heat.

I would like to vacate and break the lease.

I would be willing to let the landlord keep the security deposit and pay him an extra
month's rent so he'd be paid rent for 2 months after I leave.

I found Kansas renter's laws on the internet and they state that if I give 30 days notice in writing and have reasonable grounds (or something like that) I may be able to legally break the lease and vacate without paying the remaining 5 months of the lease.

Do I have any chance of doing this? And, if he fights it, can he come after me across
state lines as I would then be both working and living in MO? Would I have any chance
of convincing him it would cost him more to collect than what he'd get? Rent is $465.
I have taken pictures of the problems mentioned above.

Thanks!

 

[ecmst12]

Those repairs don't really make the place uninhabitable, so unless you have it included in your lease that he will do the repairs, or otherwise have a written committment, I don't think it's enough to be able to break your lease.

 

[CA LL]

Sure reads as though you "job" is over there and now you want to move and are looking for reasons to justify breaking the lease. None are really "good" enough..sorry. But why not speak to your LL and see what can be done. You should have only rented a unit that offered MTM knowing your situation.

 

[macx]

No, the job is not over, won't be for about 2 years.

I didn't have the chance to rent a MTM - none available that i could
find in the very short time I had to find a place. Besides, with the
large influx of people on that job (well over 1,000 even at that early
stage of the job) places were quite hard to find.

My other 2 questions haven't been answered yet -

apparently state borders are no impediment to any
efforts to recover?

How expensive would it be for him to pursue it if he would choose
that route? I am prepared to offer a couple months extra rent after
I vacate, but "diminishing returns" limits that.

 

[acmb05]

apparently state borders are no impediment to any
efforts to recover?

How expensive would it be for him to pursue it if he would choose
that route? I am prepared to offer a couple months extra rent after
I vacate, but "diminishing returns" limits that.

1. No they are not

2. Not to bad but it is a hassle to do. All he would have to do is attach your bank account for the amount as soon as he got a judgement from the courts.

I would talk to him and see if he will either fix the problem or let you do it and deduct it from the rent. If he will not go for that then offer the early lease termination with the extra dough paid to him. He may go for that one.

Get every thing in writing.

 

[OHlandlord]

You can, of course, write a written request for repairs, mail it to the LL by CM, RRR, and keep a copy of it. This would prove that you did request repairs and that he failed to make repairs.

Unfortunately, there is no statute for repair & deduct in Kansas (which is where the apt. is.) And this problem doesn't seem to make the unit unihabitable, so rent withholding may not be an option either.

That only leaves making the repair request above or negotiating a lease break fee. I would try negotiating if he will allow it. He does have a duty to re-rent the unit. If you found another qualified tenant to take the unit, perhaps he would be willing to let you out of your lease. With that many people coming to the area, that might be your best bet. If he does, get it in writing that you are no longer obligated by the lease terms.

If he goes to court for a judgment, you would have to return to Kansas for the hearing, or would lose automatically. He would get a judgment against you which would go on your credit record, following you wherever you went. You don't want to go that route.