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who broke the lease here?

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lildevil719

Guest
okay, here's the situation, I hope someone can at least give me an idea of where to start. This is occurring in Colorado. My mother and I share joint guardianship(sp?) of my brother. He is a developmentally disabled adult. He lives in his own apartment, works, and has a driver's license and even his own car(paid in full) He is an upstanding citizen trying to make a life for himself. He recently vacated an apartment before his lease was up. However, my Mother and I feel that he had ample cause to vacate the apartment on the grounds that the landlord broke the lease. In the lease it says "Landlord shall cover the expenses to maintain and repair doors, windows and all outside fixtures." he lived in the apartment for a year and a half. in the first year, the apartment flooded 6 times because something was wrong with the door. before he signed the new lease in April of 2000, the manager of the apartment building agreed to have the door fixed before the end of Spring, 2000. That manager left and a new one came in and refused to fix the door, because he had no proof that the flooding had actually occurred. After this manager refused to have the door fixed, my brother's apartment flooded three more times. They still would not fix it. Doesn't this constitute the landlord breaking the lease since the door was not fixed, even after 3 written requests to have it repaired? They are really screwing him around. Here's the other problem...When my brother vacated the apartment, he turned in his thirty days notice on the 8th of Oct. The day he was to vacate was the 15th of November. The manager signed the paper, which stated clearly that the landlord had refused to fix the door and this was the reason for my brother leaving. Now, they're trying to charge him for the remainder of the month of November, even though the date on the paper that the manager signed was the 15th, halfway through the month. If my brother had the money to pay for it, we would just pay for the remainder of the month and let it go. However, he's making a living on $500 a month and cannot afford to pay and additional 265 dollars. Since the landlord agreed not to charge for the remainder of the lease(until March of 2001) does this constitute agreement on their part that they were the ones who broke the lease? And since the manager signed the paper saying the 15th was the date of vacancy, can they still charge him for the rest of the month? thanks for any help anyone can give me!
 


L

lildevil719

Guest
sorry, guess that did get kind of long. basically, my brother moved out because his apartment was flooded three times, after the landlord promised to fix it, and now, even though they're not holding him responsible until the end of the lease(march, 2001), they're trying to charge him for the remainder of the month of November, even though when he gave notice, on the paper that the manager signed, he put the 15th of November as his move out date. Can they still hold him responsible for the remainder of the month of November, even though they signed the paper saying the 15th? thanks
 
L

lildevil719

Guest
Thanks, Home Guru. There's one other problem. The L is a corporation. They hire managers to run the place, and the managers have the same authority the L would. The manager is not holding my brother responsible till the end of the lease, because he admits, that it's his fault it didn't get fixed. BUT...When my brother took his notice to the manager to have them sign, with one copy for him and one for the manager, the date on there was the 15th. They just sent my brother a bill for $265, saying that he has to pay through the end of November. When I mentioned that the date on the paper said the 15th, and that the manager had signed it and we have the notice, they said it didn't matter, since he moved out before the lease was up, he had to at least finish paying for the month, and he should be feeling lucky that they weren't going to charge him until the end of the lease. We have a way to get Pro Bono representation, but would it really be necessary? Our biggest worry is the L sending it to a collection agency. Thanks so much for your help!!
 
L

lildevil719

Guest
Thanks for your help, HomeGuru. I really appreciate it!!!
:)
Melissa
 

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