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What have I wrought? How to get out of a lease.
Fuzzy Cumulonimbus Cloud
Registered User regular
Registered User regular
Welp, I may have made a mistake.
I signed a 12 month lease, with three free months rent over the summer.
It looked wonderful.
Now I have 2 decent roommates and one roommate that is a complete and total child.
Top that with maintenance not being done, my locks got changed but they don't fit the door to my room, et cetera.
I began reading review sites and it looks like they will attempt to financially butthurt me when I leave.
If things don't get better soon, I will need to terminate this lease.
I've only been here five days, but the outlook seems pretty grim.
What should I start documenting if I need to violate a lease.
I know I have certain rights as a tenant including covenants of quiet enjoyment and covenants of safe living.
Help, H/A!
I signed a 12 month lease, with three free months rent over the summer.
It looked wonderful.
Now I have 2 decent roommates and one roommate that is a complete and total child.
Top that with maintenance not being done, my locks got changed but they don't fit the door to my room, et cetera.
I began reading review sites and it looks like they will attempt to financially butthurt me when I leave.
If things don't get better soon, I will need to terminate this lease.
I've only been here five days, but the outlook seems pretty grim.
What should I start documenting if I need to violate a lease.
I know I have certain rights as a tenant including covenants of quiet enjoyment and covenants of safe living.
Help, H/A!
Fuzzy Cumulonimbus Cloud on
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You should take another look at your lease and see if you have an escape clause within the first X amount of time, or if local laws require such a thing. Look fast, though.
Do they approve of the problem person? If they don't you can have him thrown out fairly easily. About the repairs thing, than is right. Do it in writing and do tell it's a security issue.
I wouldn't give up on 3 month free rent though. Try to work with what you have
If he breaks the lease they will charge him for the 3 free months. It's considered a "concession fee".
That's not necessarily true and will depend completely on the local laws.
If you've signed the lease I can guarantee you there is something on there about breaking the lease early. Just saying.
Of course there will be a section detailing the repercussions from breaking the lease, but not every lease is the same. The last lease I signed was structured such that if the lease was broken at any point during the period the entire amount for the rest of the year would be payable immediately. And yes, because of my states horrible landlord-tenant laws, it would probably be enforceable.
OP needs to read his lease.
Yes, and more often it simply states "You are responsible for the rent for the duration of the signed lease", which could be a hell of a lot of money.
I really would try to either reconsider, or get out really fast. I know my lease says that if I break it, I'm responsible for the remaining months AND I need to pay back the 'discount' that I got. Basically I got my apt at supposedly 100 dollars less than the standard for the area or some BS like that.
But in most places they can only hold you liable until they find someone new. If they don't attempt to find a new person then they can't claim damages because they didn't attempt to mitigate them. Odds are the OP could find someone to take over his lease and be fine.
My plan is to talk to the roommate. If that doesn't work, I document everything and begin submitting written complaints in registered letter format to the front desk. Then I go from there.
It's sad because I actually enjoy this place, and the free summer rent is hard to beat.
I was a bit hectic in my OP since I was typing that during the 5 hour reign of chaos that ensued in the house.
My next question: how do I negotiate with a man-child of a roommate.
It is so foreign to me that someone could behave this way, that I am kind of in shock.
In the five days since he has been here, he has taken over the entire common area, brought in his non-rent paying girlfriend and a cat that pisses everywhere, has a party everynight with ten+ people, smokes inside, and plays music so loud that the entire apartment complex is screaming out the windows for him to be quiet--and even worse, he and his girlfriend were taunting the people telling him to STFU.
Absolutely amazing.
Sounds like a douche and you need to put an end to it fast. If he's loud, call the cops on him if you have too. You and your other roommates need to confront him at once. The GF leaves unless she pays rent. Get rid of the cat(most apartments have rules on pets and if you haven't disclosed it to the apartment folks it could get you in some serious trouble).
Do this when the girlfriend isn't around, though. You don't want him to have any help.
In any case, the girlfriend needs to move out ASAP, since she could get you all evicted.
Call the cops when he is doing parties.
Take pictures of the cat, the smoking and of his stuff on placed in the common area.
Also, monitor her girlfriend activity, depends on the state, but usually, guests can't stay for more than either 5 consecutive nights or 3 nights a week for a month without being considered habitants. That is important because as soon as someone moves property into the house it's fairly easy to prove that they have taken residency there. That's why, as a landlord, I don't let ANYBODY move NOT EVEN A PIN into the house before all the diligences are done for, because it's considered as them taking residence.
Talk to your roommate with all of the other roommates present.
Take that evidence to your landlord and explain your situation. If he doesn't evict him, as he should, you can sue him.
Each of you has an individual lease, so you wouldn't really lose anything if they evict him, in terms of you having to recoup the cost.
I don't recommend moving out, because you chose this apartment because you liked it due to it's convenience, price and supposed standard of living. You are entitled to that