breaking lease due to LL breech...please help

[shaylynn]

What is the name of your state?What is the name of your state? California
We are a military family new to CA and needed off base housing until base housing was available so we were shown some houses that were supposed to be month to month. We got everything set up before we signed the lease and were then told it was month to month AFTER 4 months. Having no choice we signed and 3 months later we have base housing. I want to break my lease and get out of this place 14 days before the lease termination date. We have had nothing but problems here and they were all big problems which never got fixed or even addressed most of the time. The garage door was kicked in when we came to look at the place and we were assured that it would be fixed before we signed the lease....it's not, along with the fence that's falling down. Can this failure on their part to fix these things be considered a breech of contract and get me out of this lease a measly 14 days early? The lease states that the owner or LL acting on owners behalf will ensure that there are no broken windows or doors. How do I do this in a civilized manner without having to threaten or jeapordize my security deposit?

 

[longneck]

provided you have given proper WRITTEN notice to terminate your lease at the end of your term, then your only obligation is to pay rent until the end of the term. you don't actually have to be there.

 

[Gadfly]

Next time READ the lease and find out what you are signing.

Next time get the promises in writting.

 

[shaylynn]

so broken door is not a breech?

So, the fact that the lease states that all doors are to be working order means nothing? It was an addendum to the lease and we signed that part and they did too. They had written notice that the door was broken, so that wasn't just a promise...we followed the proper proceedures and gave that to them in writing 3 days after we moved in. I have called and called them and they only speak to me about it when I call again. They say they will take care of it but they haven't. This is a safety issue since you can enter the house from the garage. Why don't they have to uphold their part and we do? All I am asking is if this constitutes a failure on their part.

 

[longneck]

sure, you could use the door as leverage for getting out of the lease early. but how many WRITTEN notices did you give them to fix the door? i bet the answer is none. so you'd have to give them WRITTEN notice now with a reasonable timeframe on getting it fixed, then when they don't do anything about it give WRITTEN notice that you are leaving in x days due to their failure to fix the door. and how close is that going to be to the end of your notice?

in my opinion, it's not worth trying to fight when all you're going to possibly save is 14 days worth of rent.

if you are REALLY intent of stickin' it to 'em, someone here might give you suggestions.

 

[shaylynn]

thanks

The answer is 3 written notices, and 90 days later still nothing. Like I said, I followed their procedures. I don't want to "stick it" to anyone. And 14 days might not seem like a lot of money to some people, but we are a military family that just moved from one side of the country to the other. I guess I just don't understand people who rent properties and do as little as possible for the renters who pay their rent on time and cause them no problems. I guess it's just another business.

 

[shaylynn]

so what's reasonable?

So, if they recieved their third written notice on the door that's broken on Tuesday, how long do I wait for a response? This is not my first time renting but it is the first time I have encountered such LAZY landlords. Like a lot of people I came to this site hoping for actual advice, not opinions. I have gotten advice but what is the point of trying to make people feel stupid and make assumptions about what they have done or not done? So, today is Friday and I am wondering if I should start calling them again because they have not made any arrangements to fix the door. I also gave them a written 30 day notice which will be about 21 days earlier than the termination date. If they have not called to discuss this should I just assume that they accept it? I asked them to contact me about the notice, they haven't. What now?

 

[Gadfly]

Well it's clear that your LL is used to getting his way so you may have to just move out. However, the garage door is it really as you described, or is it just an appearance thing? Would you have had it fixed by now if you owned the house or would you have put it off too. Same question with the fence, and in fact is the fence part of THIS property, or is the the neighbors?

 

[shaylynn]

broken door is really broken

It is a manual door that was kicked in by the previous tenant so the bottom 2 wheels are mangled and always off the track. My husband has to open it because it has to be forced. The garage is part of the rental space and I am paying for the use of it and it is not secure. Would I have fixed it by now? Of course I would, I value my family's safety and my personal property. As with many rental agreements, I am not allowed to repair anything. They had a contractor come out to look at it and he said it needed a part and it would have to be ordered. It was to take 7 days to come in so I waited. Day 21 I called the contractor and he said the distribution center was out of the parts. I told him I was calling the LL to find out what could be done. The LL said they would either get the guy to come back and fix it or find someone else and that they'd call me back. That was 4 weeks ago. I feel like I give them more than enough time to act but unless I ride them constantly nothing gets done. So, why do I have to stand for it? The fence is for this property, why would I care what a neighbors fence looks like? If it wasn't for this property I wouldn't care because I wouldn't be paying for it. They advertise a fenced in yard and 2 car garage that are in disrepair. I am moving on the 28th no matter what happens but they are shady business people.

 

[shaylynn]

lease is broken

Update: After all the hassle and waiting for the LL to honor their part of the lease, they agreed that they were in the wrong and I have broken my lease with no penalties because I handled it the right way....research and not trying to exact some twisted form of revenge. While I thank those who gave actual advice, I have to warn others who come here for help and advice that this is not the place for it. What you get is rude and sarcastic comments from some really jaded unhappy people. I'd call this a "motivational" site. It motivates you to do the research and work on your own. I mean come on, think about it, why would any lawyer give you anything for free? I am convinced that most of the members are LL themselves who have been screwed one time too many by scumbag people who do whatever they can to avoid paying their rent. Newsflash....renters pay their bills when LL do what they promise. Maybe you should screen your renters to be a little better. Your judgement leaves a lot to be desired. So does this site.

 

[Who's Liable?]

Update: After all the hassle and waiting for the LL to honor their part of the lease, they agreed that they were in the wrong and I have broken my lease with no penalties because I handled it the right way....research and not trying to exact some twisted form of revenge. While I thank those who gave actual advice, I have to warn others who come here for help and advice that this is not the place for it. What you get is rude and sarcastic comments from some really jaded unhappy people. I'd call this a "motivational" site. It motivates you to do the research and work on your own. I mean come on, think about it, why would any lawyer give you anything for free? I am convinced that most of the members are LL themselves who have been screwed one time too many by scumbag people who do whatever they can to avoid paying their rent. Newsflash....renters pay their bills when LL do what they promise. Maybe you should screen your renters to be a little better. Your judgement leaves a lot to be desired. So does this site.

Sorry... I'm all out of common sense... Just can't seem to keep that in stock...