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WANT OUT OF LEASE NOW

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D

DANCBEAR

Guest
MY HUSBAN AND I HAVE A 1 YEAR LEASE WITH OUR LANDLORD. RECENTLY WE HAVE BEEN HAVING PROBLEMS WITH HIM AND HE THREATENED US WITH HIS LAWYERS BECAUSE WE SHORTED THIS MONTHS RENT BY $25. BECAUSE OF STUFF THAT NEEDS TO BE FIXED IN OUR APARTMENT AND HE HAS AND WILL NOT FIX. WE HAD CODE INFORCEMENT CHECK OUT OUR PLACE AND HAS GIVING LANDLORD 30 DAYS TO FIX THE PROBLEMS, BUT WE WANT OUT ANYWAY. CAN WE LEGALLY GET OUT OF OUR LEASE BECAUSE WE HAVE BEEN THERE FOR 8 MONTHS WITHOUT ANYTHING BEING FIXED AND US CONTINUALLY ASKING SINCED WE MOVED IN. THIS IS A MESS AND DONT WANT THE STRESS ANYMORE.
 


T

Tracey

Guest
I don't know your state, so.....

if you were in Washington, you have a right to fix problems after reporting them to the landlord and waiting a certain period of time for him to fix things. You keep all receipts/invoices and deduct some $ from your rent. The amount you can withhold from your lease depends on the nature of the problem and whether you did the work yourself (50% of 1 month's rent) or hired someone (one month's rent).

Call the local tenant/landlord assn and ask for a copy of the Residential Landlord Tenant Act and advice on how to proceed. If he won't fix significant defects, you can sue him for constructive eviction. The court will void the lease and he will have to pay your attorney fees and costs.

Once you point out to his lawyer that you know the law, the lawyer will probably lean on landlord and make him fix things or let you out of the lease. Write a letter requiring him to respond within a certian time and to fully perform his obligations within the statutory limits. If he lets you out of the lease, get 1) a signed release stating you owe him no more rent, 2) a refund for any rent you won't use this month, 3) your full damage deposit refunded (with interest if required), and 4) a release saying there is no damage to the apt. Get all these things before you leave!

DO NOT let him charge you for normal wear and tear (shampooing carpets) or for damages that were there when you moved in.

Good luck.

-- a GOOD landlord

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 05, 2000).]
 

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