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Unclear when lease ends

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AmandaRider

Junior Member
What is the name of your state? CT

I think I have an unusual problem but I may be wrong. When I was searching for an apartment in November of 2004, my current landlord showed me two, one of which was ready (number 61) and available, and the other of which he was remodeling (number 65C). I liked the one that was being remodeling and asked when it would be ready. At first he told me that it would be a month or two. I said that I would wait. He then called me and said it would take longer than that (until maybe March or April), but that he could move me into the available apartment and then when the other apartment was done, he would move me there and even help with the move. It is now near the end of August and the other apartment is still not ready. I have decided that I want to go back to school and therefore I want to move closer to the university. However, I am not sure if I am able to move without breaking my lease. It states:

Term. This lease begins on 16 DEC, 2004. This lease ends on AVAILABILITY OF 65C, at twelve noon.

Therefore, I am in a strange situation. I don't know whether I will be breaking my lease or not by leaving before the other apartment is ready. Please help!!
 


That is an unusual situation

Have you attempted to talk to the landlord, or don't you want to tip your hand yet? If he's reasonable to work with I'd probably talk to him and see what he wants to do (after all, he hasn't fulfilled his verbal obligation to you.) If he tends to be difficult:

I'd probably recommend contacting an attorney on this one. Do you have anything in writing regarding when the remodeled apartment was to have been done?

Very interesting.

Karla in Amarillo
 

AmandaRider

Junior Member
Thank you for responding!!

I haven't talked to my landlord yet. It is exactly what you said, I don't want to "tip my hand" yet. He has been difficult in the past, accusing me of having someone living with me (i didn't, only frequent visits from my fiance) and also threatening to confiscate our (the tenants) garbage cans if they weren't taken back in one day after garbage day.

I don't have anything in writing about when the other apartment would be ready. I have asked him when I see him how the work is coming and he always says "slowly".

Maybe I should contact an attorney about this. Thank you for your advice.
 
One more question I thought of.........

Did he mention how long of a lease he typically does? Or what would happen when you moved into the new unit, as far as length of lease?

If he's a stinker to deal with at all I'd probably go the attorney route. If nothing else having an attorney draft a letter on their letterhead giving 30 days notice (you should do that) that you're moving out, as you can no longer continue to wait for the promised unit ( state in the letter what he has promised along the way.) I wouldn't even get into the fact that you're going back to school, etc.

Can you see in the windows of the new unit to tell how close it is or anything?

K in A
 

AmandaRider

Junior Member
He did not mention how long of a lease he normally does, only that we would make a new lease for the new apartment.

I can see in the windows of the other apartment and it seems like it is a mess in there still. He did put a new shower in the bathroom, but from what I can see it still does not seem to be in order. The kitchen stove is in the hallway and what appears to be a radiator or heating unit of some kind is with it. In all, not much seems to have changed since I first saw it 8 months ago, although he has been there often. However, even if it was completely finished, I still would not want to move there anymore.

Thanks again.
 
I knew you still didn't want it. I was just trying to determine if it was close to being finished that may be the easiest way to get out of your existing lease, since that's when it ends.

I'd try the 30 day notice route, and I think you'd have greater success if the letter comes from an attorney, although he sounds a bit lazy. He may not even come after you if you just send the letter yourself. The biggest issue (if it went to court) would be proving that he promised you that other apartment in a set amount of time and hasn't delivered.

How much of a deposit does he have? Are you willing to lose that? What does the lease say regarding early termination or anything like that? I'm not saying this IS early termination, just curious how strict of a lease he has.
 

AmandaRider

Junior Member
My landlord has a one month rent deposit, and no I am not willing to lose it. I would like to use that for the deposit on my next apartment.

The lease says the following:

(landlord) may keep all or part of your deposit if you do any of the following:

Do not give (landlord) the 30 (thirty) days' notice described in Paragraph 11 of this lease.

(Paragraph 11 says that at the end of the lease the landlord will send me a notice of renewal 60 days before it ends and i have to respond within 30 days of the end of the lease.)

You will be in default if you do any of the following:

Move out of your apartment before this lease ends.

These are the only references to these things. So I think the main problem is just that it is unclear about when the lease ends. Thank you for your continued interest.
 
Hm.........

This is just a guess.

He's probably going to be upset if you give notice to leave and probably won't acknowledge his responsibility in the issue - that he's not made the other unit ready like he told you. My guess is he'll try to keep your deposit by saying that you're moving out before your lease is up.

You could:
- call him or catch him in person and be very demanding about when is the new unit going to be ready. Don't actually tell him you're moving out, but you could remind him that he promised the new unit such and such a date and as it STILL isn't ready you're going to need to look for a new place and see what he says. Just to feel him out. How old are you? If you have a parent or older male locally who could "be there" when you speak to him in person that may help. Let's face it - older males often feel that they can intimidate younger females in situations like this. He may see you as an easy target.

- or give the written, 30 day notice - either from you or written by an attorney. Really, until you give notice and actually move there's no way to know for sure what he'll do.

I think at this point it would take a judge to rule on the "end" of the lease issue. Based on what you have in writing, in the lease, your lease isn't ending until that other unit is ready. But you definitely have a case that he's causing that never to happen at this point.

Keep me update on this. It's an interesting situation.
 

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