getting out of a contract - GoFuckYourself.com

adrenalinedef · 01-04-2004, 01:43 PM

Does anyone have any experience getting out of an apartment contract? I moved into my town house 2 months ago. In this two months, my $2000 rims were stolen off my other car, the stove and microwave went out over christmas, so we had burnt food for christmas. My 7 month old daughter cant have her bottles from the microwave because of this. The refridgerator is going out. The air conditionair doesnt heat the upstairs, and I just went outside and there is a fucking DENT with red paint on it, on the bumper of my black 2004 cadillac escalade. I am sick of living in this shitty ass place, but I am in a contract. Any ideas?

Babaganoosh · 01-04-2004, 01:45 PM

I have found that dying is the best way to get out of a lease.

nathan_f · 01-04-2004, 01:46 PM

Quote:

Originally posted by Armed & Hammered
I have found that dying is the best way to get out of a lease.

I was going to suggest faking your own death.

JSA Matt · 01-04-2004, 01:47 PM

Call a lawyer, make them fix every last bit of that within 30 days.

tootie · 01-04-2004, 01:50 PM

You could do something to get evicted like being really loud all the time. If they evict you then I'm pretty sure they cannot hold you to the lease. Of course, you'd have an eviction on your record, so you'd have to decide if that would be worth it to you. Might be better than breaking a lease, anyway.

adrenalinedef · 01-04-2004, 01:50 PM

Quote:

Originally posted by JSA Matt
Call a lawyer, make them fix every last bit of that within 30 days.

I called my attorney when my rims were stolen and on blocks, and she called the property manager, and the property manager said I had 24 hours to move the car. I called every tow truck place, and no one would put tires on a car that was on bricks. My attorney couldn't do shit :\

JSA Matt · 01-04-2004, 01:54 PM

You might just have to bite the bullet and break the lease (i'm sure they are going to charge you 2 months rent and keep your deposit to do so)

I heard that if you find a buyer for the place you can break the lease and they are not allowed to charge you for it. Not sure though, just something I heard.

brand0n · 01-04-2004, 01:59 PM

fuck em, just move. if they say anything just the threat should scare away what sound to be slum lords

hottoddy · 01-04-2004, 02:00 PM

Of course consulting a lawyer or even researching local landlord/tenant laws on your own is best.

Breaking a lease varies from state to state. I imagine they are pretty hard-nosed in NY (and other populous metro areas). In CA they are often easy to get out of. The first thing to do is document everything: repairs, improperly working items, how many times fixed, delays in maintenance, safety issues, even property damage to your car, etc.. Your building managers must be put on notice about every issue. Create a paper trial. They have to follow state laws, and can be reported for violations. This creates a solid bargaining position to break the contract - but get it in writing.

tootie · 01-04-2004, 02:03 PM

Another thing you can do is document EVERYTHING that is wrong. Send them a certified registered letter with all of the problems and tell them in the letter that they have 30 days to fix everything. If they don't, then you can report them to your local housing commission.

High Priced Lawyer · 01-04-2004, 05:13 PM

Couple of things --

Talk to a lawyer -- If you don't have the $ for a lawyer, go the local law school library and you can find a summary book on local landlord/tenant law.

Typically under landlord/tenant law, the landlord has a duty to maintain your place in "habitable" condition. Your circumstances may not make your place uninhabitable, but the non-working appliances are a good start, provided they are provided by the landlord.

Also, know that typically under landlord/tenant law, your landlord cannot retaliate against you for raising these issues.

The suggestion about the landlord having to find someone is called "mitigation". The landlord must look for a replacement tenant if you move out and breach your lease and typically can only hold you for the damages (i.e., unpaid rent) during the time that your place stays vacant.

Some initial thoughts.

Good luck -- High Priced Lawyer

Rorschach · 01-04-2004, 05:17 PM

Hire some crack head to go to your landlord's office and shoot him, problem solved.

Mr.Fiction · 01-04-2004, 05:37 PM

Join the army!

01-04-2004, 01:43 PM	#1
adrenalinedef Confirmed User Join Date: Mar 2003 Posts: 518	getting out of a contract Does anyone have any experience getting out of an apartment contract? I moved into my town house 2 months ago. In this two months, my $2000 rims were stolen off my other car, the stove and microwave went out over christmas, so we had burnt food for christmas. My 7 month old daughter cant have her bottles from the microwave because of this. The refridgerator is going out. The air conditionair doesnt heat the upstairs, and I just went outside and there is a fucking DENT with red paint on it, on the bumper of my black 2004 cadillac escalade. I am sick of living in this shitty ass place, but I am in a contract. Any ideas? __________________ what?!

01-04-2004, 01:45 PM	#2
Babaganoosh ♥♥♥ Likes Hugs ♥♥♥ Industry Role: Join Date: Nov 2001 Location: /home Posts: 15,841	I have found that dying is the best way to get out of a lease. __________________ I like pie.

01-04-2004, 01:50 PM	#5
tootie Confirmed User Join Date: Jun 2003 Location: Planet Earp Posts: 6,041	You could do something to get evicted like being really loud all the time. If they evict you then I'm pretty sure they cannot hold you to the lease. Of course, you'd have an eviction on your record, so you'd have to decide if that would be worth it to you. Might be better than breaking a lease, anyway. __________________

01-04-2004, 01:59 PM	#8
brand0n been very busy Join Date: Nov 2002 Location: the queen city Posts: 26,983	fuck em, just move. if they say anything just the threat should scare away what sound to be slum lords __________________ want to buy this spot for cheap? it is of course for sale. long term deals are always the best bet. brand0n/ at/ a o l dot commies.

01-04-2004, 02:03 PM	#10
tootie Confirmed User Join Date: Jun 2003 Location: Planet Earp Posts: 6,041	Another thing you can do is document EVERYTHING that is wrong. Send them a certified registered letter with all of the problems and tell them in the letter that they have 30 days to fix everything. If they don't, then you can report them to your local housing commission. __________________

01-04-2004, 01:47 PM	#4
JSA Matt So Fucking Banned Join Date: Aug 2003 Location: San Diego, CA Posts: 5,464	Call a lawyer, make them fix every last bit of that within 30 days.

01-04-2004, 01:54 PM	#7
JSA Matt So Fucking Banned Join Date: Aug 2003 Location: San Diego, CA Posts: 5,464	You might just have to bite the bullet and break the lease (i'm sure they are going to charge you 2 months rent and keep your deposit to do so) I heard that if you find a buyer for the place you can break the lease and they are not allowed to charge you for it. Not sure though, just something I heard.

01-04-2004, 02:00 PM	#9
hottoddy Confirmed User Join Date: Oct 2002 Location: PacNorWest Posts: 3,048	Of course consulting a lawyer or even researching local landlord/tenant laws on your own is best. Breaking a lease varies from state to state. I imagine they are pretty hard-nosed in NY (and other populous metro areas). In CA they are often easy to get out of. The first thing to do is document everything: repairs, improperly working items, how many times fixed, delays in maintenance, safety issues, even property damage to your car, etc.. Your building managers must be put on notice about every issue. Create a paper trial. They have to follow state laws, and can be reported for violations. This creates a solid bargaining position to break the contract - but get it in writing.

01-04-2004, 05:13 PM	#11
High Priced Lawyer Registered User Join Date: Dec 2003 Posts: 18	Couple of things -- Talk to a lawyer -- If you don't have the $ for a lawyer, go the local law school library and you can find a summary book on local landlord/tenant law. Typically under landlord/tenant law, the landlord has a duty to maintain your place in "habitable" condition. Your circumstances may not make your place uninhabitable, but the non-working appliances are a good start, provided they are provided by the landlord. Also, know that typically under landlord/tenant law, your landlord cannot retaliate against you for raising these issues. The suggestion about the landlord having to find someone is called "mitigation". The landlord must look for a replacement tenant if you move out and breach your lease and typically can only hold you for the damages (i.e., unpaid rent) during the time that your place stays vacant. Some initial thoughts. Good luck -- High Priced Lawyer

01-04-2004, 05:17 PM	#12
Rorschach So Fucking Banned Join Date: Aug 2002 Posts: 5,579	Hire some crack head to go to your landlord's office and shoot him, problem solved.

01-04-2004, 05:37 PM	#13
Mr.Fiction Confirmed User Join Date: Feb 2002 Location: Free Speech Land Posts: 9,484	Join the army! __________________ Don't be lazy, protect free speech: ACLU \| Free Speech Coalition \| EFF \| IMPA