The Commerce Journal,Business and Local Businesses
*The Commerce Journal>>>Renting & Real Estate

Can landlord do anything if i just pack up and leave?


To make a long story short. We recently moved into a 2 unit building. When signing our lease stressed to our landlord we worked days and are in bed by 11pm and would like tenants with similar work hours. Well they rented the upstairs unit to people who work late as bartenders who get home after 11pm and keep us up til 6am sometimes. People are in and out all hours of the day. If we knew he would have rented to a bunch of teenagers we would have never signed the lease.

Fast forward 4 months neighbors are still loud even after we set quite hrs of 12pm week night and 2am weekends (more than fair). About a week ago the neighbors said they had mice and their dog was chasing them making all the noise, well a week later we saw one and trapped it. On Christmas eve we saw another. Now I'm ready to get out of here before i lose my sanity over the noise and get sick from the mice. I pulled the fridge to discover old droppings and traps I was disgusted.

Back to the lease I signed.

It was a quick sign and move in deal with no credit checks or copies of our IDs. Lease had chicken scratch all over it, he even crossed his name out and put his mother's name on it saying he sold the building to his mother but he still manages the property.

He said mouse was not a reason to break the lease and the loud neighbors should be talked to since we are all adults...I've talked to them and have written letters. I want out. What can he do? Should I just bailout or just stop paying rent?

You can be sued if you break a lease and the landlord chooses to. The checks gave your real name. It does not cost much, if anything, to find you at the next place you go. Do you want to spend life on the lam, for this??

While you may have stressed something to the landlord, if it is not in writing, it does not supersede the written terms of the lease. You would be covered if the landlord refused to exterminate.

Staying, not paying, and holding the property unavailable for rent to someone else, increases the minimum amount you will be held liable for. It also torpedoes any claim you might have for in-habitability.

I, personally would leave immediately if I felt the place totally intolerable allowing the landlord to start advertising the apartment. If tolerable, give notice of your intent to leave in 30 days. The landlord must immediately begin advertising the property, thus reducing any time you would be liable for after moving

Normally, the landlord must show he tried to mitigate damages by advertising the unit for rent, or, you would only be held responsible for 2-3 months rent after he was notified. If he advertises, you may be liable until the unit is re-rented.

You may or may not win your case depending on evidence presented (Paper trail.), judges pre-disposition, etc.

.

Report him to the Board of Health or Housing.

Report them, that is not in compliance with some health and safety law. To be honest, he can lose his building if he does not do something about the mice situation. He needs to call an exterminator to get rid of those pests.

if you didnt put a deposit down just move.

If he doesn't have your Social Security number or DL and you paid rent in cash....leave. He can't find you!

He can sue you for the months remaining on the lease. You can make a complaint to the city about the mice, and see what happens, but breaking the lease could lead to a lawsuit.

he's entitled to his rent whilst you're there, but I'd be leaving. Don't expect your bond back. Do report him to public health dept. property needs debugging, and he needs to be honourable. Next time, write up your own parts to the contract for special requirements. If you have his ID I'd ask the IRS to have a look at him-he sounds bent and they'll have him.

A lease is a legal contract and is binding. If he has violated the terms of his agreement with you (or his mother has, whoever the landlord might be) and you feel you have cause to consider the lease no longer valid, send the opposite party notice in writing that you expect quiet enjoyment of your property and sanitary living conditions. State a timeline for acceptable remediation to the issues, and hold the LL to them. Immediately report them to the Dept. of Health regarding the vermin in your livingspace. Keep a paper trail with certified mail sent RRR (return/receipt requested) so you can prove what you sent and when you sent it.

It takes a good deal of doing to legally break a lease, but it can be done. Unfortunately, the choice of the other tenants was up to the LL, regardless of what he told you he would do. If they continue to be a nuisance, call the cops and document EVERY visit.

You could also try recording the noise after hours in your apartment so you'll have documentation for a judge if you ever end up in front of one. That way you can prove your right to quiet enjoyment was repeatedly violated.

well you can walk away if you like. if you have a signed lease he can file a judgment on you at the courthouse.this will have to be paid if you ever try to get a property loan and have a title search. Or if you ever inherit a property from a family member. at that time it will be the amount of the judgment and interest. FYI i always file a judgment when people move out owing me money...

I would take my chances and leave. He doesn't really have any information on you. You are not dealing with a large managment company so its doubtful he will try and come back on you for the broken lease. If I were you I would pack up and move. But just know that its illegal for a landlord to lease to someone based on the hours that they work or stay up or sleep or whatever so next time...get something upstairs so you dont have to worry about it.

i report him to the board of health and then pack up and get out. his lease doesn't even sound legal --you can't scratch through things on a contract like that. so i don't think he would have any recourse.

Tags
  Germany Taxes   Canada Taxes   Australia Taxes   Small Business   Renting & Real Estate   Personal Finance   Investing   Insurance
Related information
  • What is causing so many foreclosures in todays real estate industry?

    people buying things that they can ill afford. tb

    ...
  • How does a seller make money on rent to own?

    You don't. If you want to make $$ what you want to do is rent & keep or trade up.

    ...
  • Refinance just bought my house though?

    If the equity is really there, go see your local bank for a HELOC (home equity line of credit). there won't be any owner or appraisal seasoning but there might be a LTV restriction. Borrow...

  • How do I calculate percentage of how much my tax bill went up? Old bill was $9203;new one is $33006. Thanks.?

    358% !!!!! Holy moly!!! 33,006 divided by 9203 = 3.5864392 (three and half times more) 3.58 converted to a percent = 358% !!!!!!!

    ...
  • To all new owners of flats and apartments with gas hobs--advance warning------?

    The question mark symbol is only used following a question. You would have wanted to use a period, but then It wouldn't have belonged in the question box. Therefore, You probably want to ...

  • How do you start an eviction process in VA Beach?

    Ok, here is what you're going to need to do: You need to not communicate with them any longer... mums the word; from here on out it is paperwork. Type up your five-day eviction notice and s...

  • How to type a letter to landlord about repairs in the house?

    Mine usually just call me up. But a simple letter will do as well. Simply list what needs to be fixing. Be prepared to fix things yourself that are your responsiblity. If you clogged the si...

  • What should I look for when buying a prepaid Visa?

    yes there is but u should always check the fees, some of them are very sneaky and charge u to reload, or chrge u to use it on an atm, etc. so be careful with tht here are the ones i hear of g...

  •  

    Commerce Categories--Copyright/IP Policy--Contact Webmaster