Landlord nightmares and breaking a lease

[hallsofvallhall]

I currently reside in Kansas and we rented a house 10 months ago in a rural area. It has been 10 months of HELL! Our landlords live close to use and watch us like hawks. If I walk outside at night they are asking whats going on. The are control freaks about the house.

To the problem, about 1 months ago the septic stopped up and around 10pm and I went down to the basement to see what was up. The landlord seen me outside going to the basement and came to see what was up. He fooled around with it then said since it is a Saturday it would be Monday before he would call a plumber. We had to get a hotel the next day. The next morning I went down to the basement to double check everything was off and closed and he came over, told me to get out the basement and then slammed the door. He said I had no business in there messing with things. He was very irate and my two young daughters were playing near us so I asked him to leave. He said no he is not going anywhere and continued to yell. My wife had to bring the girls in while I had to continue to ask him to leave and that he was acting crazy. He said "You haven't seen crazy". It was at that time I said "look we are miserable here" and he said "then move out" and I said "we have a lease". He said "then we are cancelling it". I got nothing in writing as he was being hostile.
It is now one month later and we sent an email stating we would forfeit the entire lease but are moving out 2 months early. They came back and said they would accept taking the deposit and waive the last months rent but want a months rent still even though we will not be there.
Here is the deal. They charged us $1000 deposit yet rent is only $800. In Kansas a landlord can only charge 1 months rent. We did not know this. Since his hostile break out life has been very uncomfortable for us. We set up a hidden camera and sure enough they entered our house without us there. I have video proof.

They also put in the lease that deposit would be forfeit for lack of payment. In Kansas I do not think that is legal. Do I have a chance to fight this if I do not pay them another dime and just leave? Any recommendations? How long do they have before they have to give us a copy of our signed lease? IS the property we rent not ours legally that I can ask him to leave?

Thanks for any help!

 

[Gail in Georgia]

"Do I have a chance to fight this if I do not pay them another dime and just leave?"

You expect to get your security deposit if you simply break your lease early and leave? You do realize that a security deposit can be used for owed rent, correct? From your posting it appears your landlord is willing to allow you to move but requires that you pay for your last two months on your lease (one month with the actual rent, the second with your security deposit).

" How long do they have before they have to give us a copy of our signed lease?"

You've been there for 10 months and you are just now asking for a copy of your lease?

"IS the property we rent not ours legally that I can ask him to leave?"

Yes, you can ask him to leave UNLESS you specifically requested that he enter to address a repair issue you brought up or this is an emergency repair situation that would negate the normal 24 hour notice to enter the residence. If he does not leave you always have the option of contacting law enforcement regarding this.

Gail

 

[hallsofvallhall]

No we told them they could have the deposit. We are not paying another dime in rent. The lease has things not allowed in it and they charged to much for deposit and the biggest issue is living in a hostile environment. I just want to leave. If they were to take me to small claims court do I have a chance to fight it?

We got a copy of our lease but it was lost in a car wreck. We need a new lease.

 

[Ohiogal]

No we told them they could have the deposit. We are not paying another dime in rent. The lease has things not allowed in it and they charged to much for deposit and the biggest issue is living in a hostile environment. I just want to leave. If they were to take me to small claims court do I have a chance to fight it?

We got a copy of our lease but it was lost in a car wreck. We need a new lease.

You agreed to the lease though. You signed it. Unless the things are completely illegal, it is enforceable.

 

[Zigner]

To expand a bit...

All you could expect to get back because of the improper security deposit amount is the $200 that you overpaid.

I have to ask, though...do you have pets?

 

[hallsofvallhall]

Thanks for all the replies thus far.

They are illegal. That is what I am saying.

No we do not have pets. All I am asking is what is the chance of being brought to court and losing if I leave now with two months unpaid rent? That would leave a remainder of $600.

I am leaving due to hostile environment I am concerned for my children and family. We are not getting to utilize the property we rented.

 

[Ohiogal]

Thanks for all the replies thus far.

They are illegal. That is what I am saying.

No we do not have pets. All I am asking is what is the chance of being brought to court and losing if I leave now with two months unpaid rent? That would leave a remainder of $600.

I am leaving due to hostile environment I am concerned for my children and family. We are not getting to utilize the property we rented.

What things in the lease are illegal?

 

[FarmerJ]

Next time LL sees you outside or questions what your doing ask him firmly` Is my lifestyle holywierd interesting to you? then smile and tell LL to `mind your own business` ( then hang up or ignore him , shut the door , if he does this when he is at your home and its not a repair tell him firmly `leave`etc and if he wont call the police ) As far as this LL goes you know next time there is a problem with the septic not working you could just call your county health dept/ zoning desk and tell them Your LL has tried to fix it but it has still failed and you would like someone to come out to look at it. Next time the LL tells you to leave a area that you pay for politely tell him `NO` Yah I know you want to leave but you really dont have to , in fact if your original lease was to be one year send your LL certified notice now that you are going to move before the end of the lease instead *(weather will be nicer and its possible you may have easier time finding a place by then) Your LL may have this crappy attitude that he some how is a Landlord g_d because he owns the structure but you know if you just tough it out w notice that you wont stay on beyond the end of the lease and stay, take tons of pics and pretty much dont cave into his being a bully. ( that way there is no argument to be made about anyone ending the lease early)

 

[Zigner]

What things in the lease are illegal?

SD for an unfurnished unit with no pets is capped at 1 month rent. Pets and furnishings each allow the LL to add half a month's rent to the SD.

The lease won't be invalidated, but the additional amount over $200 may very well be. Of course, if the tenant takes this to court, it's predictable that the LL will come up with MORE than an additional $200 in damages...

 

[hallsofvallhall]

I see the response of stand up to them, or call the police all the time here but it is not as easy as that. I am not scared of them whatsoever but I also know my own temper and when someone threatens me in front of my kids. Even if I do tell them it is none of their business or I do call the cops I still have to live right by them. I still have to see them everyday. I should not have to go to these lengths. I want to leave peacefully and not wait two months. If I pay them to leave then the whole system to me is failed. They can break the law and I have to pay them? Remember I have video proof of them entering our house when we are not there. Is that also not illegal?

 

[Zigner]

Remember I have video proof of them entering our house when we are not there. Is that also not illegal?

If you have had intruders, call the police.

But be careful - it's possible the LL entered to make repairs that you had requested.

 

[hallsofvallhall]

Nope, no repairs on this occasion. Also if the landlord comes over to make a repair on a window does that entitle his wife to walk around the house and snoop? Are they only suppose to make the repair and leave or does that allow them to inspect as well?

We have an email from them sent before we sent ours stating they would extend the lease to another year as we have paid rent on time and been great tenants. We have in fact been great tenants. It angers me that they can do what they want and we have no rights other than calling the cops. If I breach the lease they can kick us out. If we breach the lease we have to pay them to leave.

Over the past month we knew we were going to leave so i have been job hunting as well so we can leave Kansas all together. I just got a job offer in the South Carolina so we are just going to leave. I have no issue paying what I owe but there is no way we can be treated like this and me still expect to pay them. They basically bullied us out. Just like there are bad tenants that make the rest of us look bad there are bad landlords that make the rest look bad.

 

[Zigner]

So, when you called the police about the intruders, you got a police report, right?

 

[hallsofvallhall]

Once again it is easy for someone on the other side to say "Just call the cops" but it is not that easy. A person wants to try to be civil and keep the business relationship civil as possible. Calling the cops on them entering my house is not the most civil way of handling things in my book. But because I did not call the cops we now have no rights to bring it up? We are screwed if we do and screwed if we don't.

 

[FarmerJ]

In a court room all that matters is proof so if you refused to pay any more rent and this LL sues you for a unpaid balance because you moved out early and owed for your last two months do you really think a Judge would consider what you have to say about the LLs trespassing with out any kind of history trail to help prove it ? If the LLs wife comes over to the house while he is fixing something in kitchen and one of you are home as she attempts to go farther into the house firmly tell her `renting from you does not entitle you to invade my privacy` as you block her from going further. If you had called the police to report the trespass ill lay odds the LL may have backed down a bit , why because if they havent been landlords for very long they might actually figure it out and learn the laws in your state the easy way or if they are that hard headed then they will learn the hard way when it cost them money. If you do not get a complete cancellation in writing from this LL since you have no paper trails to back up your claims of the LL doing something not legal then you risk losing if they sue you because a judge will indeed want proof from you if you claim the LL constructively evicted you by being such a giant butthole that you had to leave.