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Breaking a lease due to code violation

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Otterchick

Junior Member
What is the name of your state (only U.S. law)? Ohio

I signed a one year lease with my family in June with a very large apartment complex. It was a 2 bedroom, and we told a little fib saying that our 5 year old twins were only with us part time (5 kids total) so we could rent a large 2 bedroom. Not proud of the fact, but at the time we were desparate and really couldn't afford the 3 bedroom. We were not looking for a new place to live, but out of the blue my husband's boss offered us a 5 bedroom house for half of what they would charge anyone else. (An amount only $30 more than we are currently paying the apartment.) Because the twins actually live with us full time, can we utilize breaking the occupancy code to help us out of our lease? And please, before bashing me, understand that I did not anticipate trying to break the lease, but it would be hard to turn down such a generous offer, and I want better for my kids.

Also, not that it really matters, but this complex never has units go empty, so they would easily be able to rent the space.

Thanks for your time.

Note: The few times I have posted on here I have gotten vicious responses, but I'm hoping it is not the norm. I'm simply asking for information. If you choose not to offer it, you have that right but bashing me does no one any good. I'm not proud of the lie, but it is what it is. Please bear that in mind.
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Ohio

I signed a one year lease with my family in June with a very large apartment complex. It was a 2 bedroom, and we told a little fib saying that our 5 year old twins were only with us part time (5 kids total) so we could rent a large 2 bedroom. Not proud of the fact, but at the time we were desparate and really couldn't afford the 3 bedroom. We were not looking for a new place to live, but out of the blue my husband's boss offered us a 5 bedroom house for half of what they would charge anyone else. (An amount only $30 more than we are currently paying the apartment.) Because the twins actually live with us full time, can we utilize breaking the occupancy code to help us out of our lease? And please, before bashing me, understand that I did not anticipate trying to break the lease, but it would be hard to turn down such a generous offer, and I want better for my kids.

Also, not that it really matters, but this complex never has units go empty, so they would easily be able to rent the space.

Thanks for your time.
So, YOU lied to the management and now YOU want to break the lease due to the occupancy violation. Sick.
 

justalayman

Senior Member
you can't break the lease but the landlord can surely make a demand you comply with the lease and should you refuse, evict you and hold you liable for the damages.
 
Z, come on. Immature, okay. Sick? ahhhh....

Hey OP, If the units are in demand, why don't you try and find someone to take over the lease for you? Have you already spoken with the manager to see if there's some negotiating room in the lease for early term.??

Try fixing this WITHOUT LYING. It's EASIER!
 

Zigner

Senior Member, Non-Attorney
Z, come on. Immature, okay. Sick? ahhhh....

Hey OP, If the units are in demand, why don't you try and find someone to take over the lease for you? Have you already spoken with the manager to see if there's some negotiating room in the lease for early term.??

Try fixing this WITHOUT LYING. It's EASIER!
I think it's sick that someone will lie to get in to a place and then try to stick it to the LL based on his/her lie.
 

Who's Liable?

Senior Member
What is the name of your state (only U.S. law)? Ohio

I signed a one year lease with my family in June with a very large apartment complex. It was a 2 bedroom, and we told a little fib saying that our 5 year old twins were only with us part time (5 kids total) so we could rent a large 2 bedroom. Not proud of the fact, but at the time we were desparate and really couldn't afford the 3 bedroom. We were not looking for a new place to live, but out of the blue my husband's boss offered us a 5 bedroom house for half of what they would charge anyone else. (An amount only $30 more than we are currently paying the apartment.) Because the twins actually live with us full time, can we utilize breaking the occupancy code to help us out of our lease? And please, before bashing me, understand that I did not anticipate trying to break the lease, but it would be hard to turn down such a generous offer, and I want better for my kids.

Also, not that it really matters, but this complex never has units go empty, so they would easily be able to rent the space.

Thanks for your time.

Note: The few times I have posted on here I have gotten vicious responses, but I'm hoping it is not the norm. I'm simply asking for information. If you choose not to offer it, you have that right but bashing me does no one any good. I'm not proud of the lie, but it is what it is. Please bear that in mind.
A farmer took in a wounded rattle snake, cared for it, nurtured it and provided a roof for it. One day while feeding the snake, it bit the farmer. As the farmer lay there dying he asked the snake "after all I've done for you, cared for you, nursed you back to health, why would you bite me?" To which the snake responded, "What did you expect, I'm a snake!"
 

justalayman

Senior Member
A farmer took in a wounded rattle snake, cared for it, nurtured it and provided a roof for it. One day while feeding the snake, it bit the farmer. As the farmer lay there dying he asked the snake "after all I've done for you, cared for you, nursed you back to health, why would you bite me?" To which the snake responded, "What did you expect, I'm a snake!"
but before the farmer died, he took a shovel and killed the snake

Moral of the story:

there isn't one. It's just to make the point that if you bite the hand that feeds you, you are going to get what you are due.
 

atomizer

Senior Member
So, YOU lied to the management and now YOU want to break the lease due to the occupancy violation. Sick.

Should you accept your bosses offer, you will be indebted to him not only for a job, but for the house you live in. Should you accept his offer and quit his job, you will find that your lease will not be renewed and you will be moving soon.
If you ask for a raise, depending on your rent agreement, you may get an increase in your rent that will be compatible to your raise.

Not many people would be willing to work for and rent from their boss. It is a recipe for disaster. Ever hear of the phrase " Don't put all your eggs in one basket"?
 

Just Blue

Senior Member
Should you accept your bosses offer, you will be indebted to him not only for a job, but for the house you live in. Should you accept his offer and quit his job, you will find that your lease will not be renewed and you will be moving soon.
If you ask for a raise, depending on your rent agreement, you may get an increase in your rent that will be compatible to your raise.

Not many people would be willing to work for and rent from their boss. It is a recipe for disaster. Ever hear of the phrase " Don't put all your eggs in one basket"?
Stop!! Do NOT be logical with OP!! :p

Note: The few times I have posted on here I have gotten vicious responses,
In OP's world, those that offer good advice are "vicious".
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Ohio

I signed a one year lease with my family in June with a very large apartment complex. It was a 2 bedroom, and we told a little fib saying that our 5 year old twins were only with us part time (5 kids total) so we could rent a large 2 bedroom. Not proud of the fact, but at the time we were desparate and really couldn't afford the 3 bedroom. We were not looking for a new place to live, but out of the blue my husband's boss offered us a 5 bedroom house for half of what they would charge anyone else. (An amount only $30 more than we are currently paying the apartment.) Because the twins actually live with us full time, can we utilize breaking the occupancy code to help us out of our lease? And please, before bashing me, understand that I did not anticipate trying to break the lease, but it would be hard to turn down such a generous offer, and I want better for my kids.

Also, not that it really matters, but this complex never has units go empty, so they would easily be able to rent the space.

Thanks for your time.

Note: The few times I have posted on here I have gotten vicious responses, but I'm hoping it is not the norm. I'm simply asking for information. If you choose not to offer it, you have that right but bashing me does no one any good. I'm not proud of the lie, but it is what it is. Please bear that in mind.
Here is the response you seek (but not necessarily the one you want).

YOU broke the lease by over-occupying the unit. You cannot benefit from a lease/occupancy violation that you INTENTIONALLY and WILLFULLY caused and hid from the LL. Had the LL known and ALLOWED it from the start, then that would an entirely different story.

Funny, isn't it, how people will manufacture "good (enough) reasons" to try and get out of a lease when they have somewhere better to go? Your financial situation that allegedly led you to make such a bad decision in the first place is not your LL's fault or problem. It's YOURS. Try owning up to your responsibilities under your lease instead of trying to make your problems someone else's.
 

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