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Disagreement with landlord

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izzi3

Member
What is the name of your state? Hello. I have the following situation with my landlord...
I signed a 12-month lease on June 1st, 2018. It is a remodeled 100-year old house that visually had all the amenities I needed, including AC and heating.
Very soon after move-in, I discovered that the newly installed mobile ACs didn't do the job. They simply were not efficient enough to cool down the unit. It was a hot summer and the temperature inside the house reached 95 in the evenings with all ACs on. I have two 1-year old children and this issue was a problem. I had to buy another AC and install myself it to cool off the place.
In November 2018 when the cold came I discovered that the unit had no working heaters. Both gas wall heaters didn't work and one was declared to be hazardous by the gas company official. I reported this issue and a few weeks later one heater got fixed by the landlord. I was advised to use electric heaters in all the other rooms which I had to buy myself.
At that time the landlord told me that I can move out if I want to with a 30-day notice.
In December 2018 when the rains came the roof started leaking. Had to put buckets for falling drops in a few places. The landlord responded and did a temporary fix and then changed the whole roof and added attic insulation.
Now, my lease ends in May and in March 2019 I decided to move out earlier - by the end of April. I made a notice to the landlord and received a reply that I am breaking the lease and I need to pay leasing commission plus pay for the gap in the lease if there will be any. I explained that I am just using the offer I was given in November (I have it in writing) but the landlord insists that that offer is not valid since all repairs were done.
What should I do to overcome this situation?
Thank you.
 


FarmerJ

Senior Member
stay put and call inspections regarding any repairs such as non working heaters and put your own electric heaters away before inspections gets there ! your LL is supposed to have adequate heating equipment to heat the home!
 

adjusterjack

Senior Member
What should I do to overcome this situation?
There is nothing you can do in advance to overcome anything.

You say one thing, the LL says another. That's what court is for.

If you move out early you don't have to pay him a nickel until and unless a judge says you do and says how much.

You do what you have to do and wait and see how it plays out.
 

izzi3

Member
There is nothing you can do in advance to overcome anything.

You say one thing, the LL says another. That's what court is for.

If you move out early you don't have to pay him a nickel until and unless a judge says you do and says how much.

You do what you have to do and wait and see how it plays out.
Thanks, that's already something.
What about mediation? Is it something that is worth researching? I am a newcomer in the US and am not aware of how things work here.
 

reenzz

Member
You state that you have an agreement to terminate the lease in writing. Is that agreement signed by both you and the landlord?
 

adjusterjack

Senior Member
What about mediation? Is it something that is worth researching?
Generally a court will, or could, order mediation before trial. But if you want mediation without court you will have to get the landlord to agree to it. And since you are already in disagreement with the landlord, well...
 

izzi3

Member
You state that you have an agreement to terminate the lease in writing. Is that agreement signed by both you and the landlord?
Didn't understand your question at first.
I was referring to the evidence I have - text messages and emails. That's where the landlord says I can leave with a 30-day notice if I feel like it.
 

reenzz

Member
I believe that under the statute of frauds, any agreement to modify the lease must be in writing and signed by both parties.
 

FarmerJ

Senior Member
Well if you call inspections in and they choose to condemn it , your lease will be over no matter what the LL says about it your lease would be over if the city condemns it. AS far as moving out early it would be up to you to prove the satisfaction of the court that your LL did say you could move out with notice . But your so near the end of your current lease the LL might just give in easier after you call inspections out. ( yes this is sort of a nasty way to handle it , BUT in your state any landlord who claims they don't know what the state laws are re maintenance is a total fool since your states laws are very tenant friendly and that includes how cities there treat habitability issues such as heating equipment that doesn't work properly !
 

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