*Help* Early Lease Termination Questions.

[Infantry000]

Both myself and my wife are very unsastisfied with our apartment and landlord. We have had nothing but problems since we moved in 8 months ago, and we are just fed up with it. We have had problems starting with bug infestations, also smell cigarette smoke comming up thru the floor from the office room downstairs that is ownded by the same landlord. We have told the landlord many of times about it and says he is going to fix it and never does. We had to pay for our own exterminator which still has not rectified the problem due to holes in the window frames. With the smoke he says he will come by and fix it but never does and asks the office downstairs to smoke outside which works for about a week, or 2 at most then we start smelling it again. Is there any way we can just give the landlord a 15-30 day notice that we are fed up and moving since issues have not been rectified??

Please Help*

 

[presutin]

Here is what I don't see in your posting - did you send your landlord a letter, certified, asking him to correct the problems? Just by talking to him, you don't have much leverage if you were to make a case in court. Check out the landlord/tenant laws in your state (google your state) and see what the landlord responsibilities are and what time frame is considered reasonable for him to remedy the situation. Also, if no action has been taken, the law will guide you on how to proceed next. Hope this helps!

 

[Infantry000]

Yes, it does help. Unfortunately nothing has been put in writing it has all been verbal, just recieve promise after promise. I know my lease has something in it in regards to this but dont really understand it. It states " Termination by tenant after the first month." "First six months. If the tenant remains in the rental unit., based upon a promise of the landlord to correct a problem that occurred during the first month and the same problem arises again during the first six months of the lease, the tenant may terminate the agreement after giving fifteen days written notice to the landlord."

Now these problems did occur in the first month and every month there after up to current date, which is 8 months later. Does a verbal promise to fix the issue fall in this section or possibly no? and does this mean that I had to try and terminate within the first six months or can be done any time after as long as issue is still occuring within the first six months?

 

[presutin]

Not really. You landlord usually has several obligations to fulfill when it comes to the property s/he is renting and s/he must resolve them within a certain period of time. The timing would have played a factor had he not really addressed any issues during your first month and subsequent months.

Now, what I am getting from your postings is that your landlord is really taking advantage of your lack of knowledge regarding the landlord/tenant laws of your state. So, check them out and make sure that, if he is not in compliance, you have a sitdown with him/her and request a remedy in the next 30 days (that is what most states consider reasonable time to resolve any issues.) If nothing changes after that time frame, negotiate with your landlord your early lease break and reduction or waiving of all the fees and penalties that come with such action.

 

[Infantry000]

Thank you very much, that is what I really needed to hear. You have been great help. I hope you continue what your doing here, it really is great for those of us that are not that great in these type of situations. You truly are doing a great service for us.