Can we get out?

[Johnlaurajake]

What is the name of your state? Ohio

Alright my mom signed a lease starting March 1st 1994. Each following year it was just an agreement to keep honoring the original lease.

Anyway... The apartment company was sold In September. The new owners are not as lenient as the old in letting people out of their leases. It was never documented but if your stove and fridge were clean you were permitted out.

So we sent a letter with the October rent saying she'd pay October and November but wanted out. They never responded so we called.

They said that they have too many empties so they won't allow it. I had them fax me the original lease.

The lease states that absolutely no dogs or cats are permitted at the premises but the new company is allowing residents with cats. Since they themselves are breaking the lease terms can we use it to get out. It's only a few months but we just can't afford it... I offered them a few weeks of november that they could come in and do their stuff to resell it but nothing is working. I dont' even expect the security deposit..

Any advice???

Thanks

 

[TaxiDriver]

Based on your post you are S.O.L. The farthest you could get with the pet issue is permission to have a pet.

 

[longneck]

just because your mom's lease says she can't have pets doesn't mean that the other leases don't allow for it.

 

[Johnlaurajake]

what do you think about this

I found this answer to a woman in a similar circumstance on another site... Her neighbors had a big dog not permitted in the lease (but the people with the big dog were lawyers and the apartment complex allowed it as they threated them) This was the response to the concerned neighbor of the people with the dog.

"A lease is a contract, and under a contract you have certain rights, which you can enforce. It would appear that you are a third party beneficiary of the lease contract between the people with the dog, and the leasing company. You could bring a declaratory judgment action and request for an injunction to require the leasing company to enforce its lease and evict the other tenants."

Now where it differs is that they are holding my mom to one lease that says no cats on premises but allowing others to sign and have cats..it was supposed to be cat free

What do you think?

 

[TaxiDriver]

Based on your post you are S.O.L. The farthest you could get with the pet issue is permission to have a pet.

 

[longneck]

"A lease is a contract, and under a contract you have certain rights, which you can enforce. It would appear that you are a third party beneficiary of the lease contract between the people with the dog, and the leasing company. You could bring a declaratory judgment action and request for an injunction to require the leasing company to enforce its lease and evict the other tenants."

ya, but first you'd have to prove that the lease agreement with the other tenants prohibits pets. but that isn't going to get you out of your lease. you'll just have a bunch of pissed-off neighbors because you made it so they couldn't have their pets.

and as i said before, just because your lease says no pets doesn't mean the other leases don't allow pets. not all leases are created equal.