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unfixed problems in a rental house and i would like to break my lease. Repairs, Maintenance

Discussion in 'Living in, Use of the Premises' started by Lerbear, Oct 12, 2013.

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  1. Lerbear

    Lerbear Law Topic Starter New Member

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    I am renting a house, and have been for a year now- through a rental company in Virginia. we haven't had too many problems with the house other than its extremely moist which causes bug infestations... though the company disclosed in the lease that there were no pest problems. There are mice and bug issues,there is also mold on the front door. So the real problem began when the Air conditioner went out at the end of July 2013. I called them on the 25th i recall 3 days after it happened because i was out of town working,my husband was at home but he works as well. They told me to wait for a call form the company stating that the company was coming. Aug. 5th they called asking if one of our roomate's had moved out yet, told my husband they were still going to get someone out to fix the air.... we had to purchase window units ( which brought our electric bill up quite a bit) the house is also built in the 70's and has a lot or wood board walls so insulation is bad as it is. long story short we are trying to buy a house, and it is now October and the unit still hasn't been fixed. Can I break my lease over this?
     
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    No. Virginia does give tenants some options if landlords do not address repair request but being able to break the lease is not one of them:

    http://refugeeroadmap.org/questions...f-the-landlord-doesnt-make-necessary-repairs/

    It is now October and air condition season should be over (it is here in Georgia). It sounds as if you are trying to use this as an excuse to break your lease because you are trying to buy a house.

    Gail
     
  3. mightymoose

    mightymoose Moderator

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    How long is your lease? It seems it should have expired by now. If you are month to month then just give notice and leave.
     
  4. Lerbear

    Lerbear Law Topic Starter New Member

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    they autorenewed our lease, a month early because they had no-one else to "inhabit the house"
     
  5. Lerbear

    Lerbear Law Topic Starter New Member

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    im trying to break the lease, because the company autorenewed a month early without our consent and its infested. the only way we can get out of this place is to pay a buttload of money for a house we already cant afford.
     
  6. army judge

    army judge Super Moderator

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    A lease can't be renewed EARLY, because it takes the CONSENT of BOTH parties to renew a lease.

    So, did you miss your opportunity to REJECT the renewal of the lease?

    Normally, you have a period of time (10-15-30 days) to say something, or reject the renewal.

    If you fail to respond, then pay the next lease (or the one after that) payment, you could be stuck.

    But, stuck is a relative word in this case.

    You can always offer to BUY yourself out of the lease.

    That generally is a negotiable process.

    You could have served notice that you did NOT want to renew, but go month to month as a tenant.

    I suggest you read the ORIGINAL lease, because it is the reason you now end up in a difficult position.

    It isn't impossible, however.

    NEGOTIATE, dude, NEGOTIATE and work to achieve your outcome.

    You pay, you play, nothing is FREE.
     
    Lerbear likes this.
  7. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Non-working air condition or insect "infestation"???

    It's best to get your excuses for breaking a lease correct before you continue further.

    Gail
     
  8. mightymoose

    mightymoose Moderator

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    If you did not sign and agree to a new lease then you should now be on a month to month lease. You should be able to give 30 days notice and move out.
     
  9. Betty3

    Betty3 Super Moderator

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    Lerbear, please watch your language. Your reply (language) to Gail was uncalled for. That is not acceptable language on thelaw.com even if you didn't like her reply.

    Try following mightymoose's suggestion re moving out.
     
  10. Lerbear

    Lerbear Law Topic Starter New Member

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    It was called for, because she didn't reply to my post he help me. she replied to it because shes rude and she ASSUMES that these are "excuses" and that I'm being untruthful. when in fact these are real issues and if she didn't want to actually help me than she shouldn't have said anything. But like i said, i do appreciate the advice i was given and i need not anymore advice on the matter, I'm GOING TO TAKE CARE OF IT.
     
  11. Betty3

    Betty3 Super Moderator

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    Your post with the uncalled for language was removed by someone (you or another moderator) though not me. I just called you on it. We do not allow it.
     
  12. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    OK everybody, let's calm down. :) I think that Gail was trying to raise an issue that we see here often. People want to break their leases and then they hope that some minor issue can be made into a major issue and give reason to break a lease. If you're going to use one of these reasons, you have to have something substantial, not a minor issue which would result in a slight rent reduction. In short, you need to show a reason why (a) you have to leave the residence due to health and safety reasons, or (b) a reason why the breach of the lease is so significant that you should be allowed to break the lease and that the other party has breached. Typically it's one and the same. Perhaps you can tell us more why you feel so strongly about this.
     
  13. army judge

    army judge Super Moderator

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    I removed the post to help things cool off and calm down.

    It seems as if we're getting there.

    I'm sorry you had to see that, Gail, that's why I removed it. (Sorry)
     
    Last edited: Oct 14, 2013
  14. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    What I provided in my first posting were options to this tenant regarding repair issues in Virginia that may not have been addressed by the landlord....if he/she bothered reading this.

    Gail
     

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