breaking lease

By katie

Hi guys,

We are renting and when we first viewed this house we were told by the agent the owner is very fragile, going through a divorce, to leave our kids in the car so as not to make him feel uncomfortable etc so we were rushed round, the owner showing us, we didnt see anything close up as felt we could not say much so to cut a long story short we went for the house, I did want to re view but the agent said the owner was worse than ever, she said he was on the brink and if I did want to pop round to measure the fridge gap to not engage in any conversation etc…..I felt intimitaded and never went.  Sooooo on the day of collecting keys, hubby was at work, the agent said the house is not as clean as they would have liked, and how he was a a bit ‘different’ etc, I knew it wasnt looking good at this point!
 I went to the property and was in tears, the house was filthy, all windowsills black with dirt, cobwebs, toilets were soiled with urine and poo!! and on the toilet floor too……blinds i noticed were stained, carpets had not been cleaned, every wall almost has holes, chips, marks, every room needed cleaning,  also the back garden has a dangerous drop running along the side where the washing line was which we hadnt seen before making the garden unsafe for our 3 year old to play out, it needs a fence of some description.
  Since moving in after cleaning for 2 days we have tried to get our tvs working and still nothing after 16 days, the owner said to buy a new booster, we did, also a set top box and paid $88 for an aerial guy for nothing too!
As of now I am seriously fed up, paying $560 a week and a new property has come on and I want to go for it, does anyone know do westand a chance of getting out of this lease or would we still have to pay rent until a new tenant is found and all the normal early termination of tenancy rules??
Thanks in advance for any replies

Edited on: Saturday, April 18th, 2015 5:41 pm

One Response to “breaking lease”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

venice765

November 26th, 2012 10:16 am

That is a bad for you. I would first say to keep your child safe from backyard of the house as it has dangerous dropping run down along with filthy waters. so it can catch him some flu or any viral disease or some kind of it illness.

It’s also your problem of not checking the property thoroughly before renting the apartment, even and anyhow is the owners behaviour because you are paying the rent to him, so you have all rights to check the apartment before renting.. nevertheless if any problem occured by gone is by gone.. now you can break the lease agreement by having words with your house owner and his approval, that he can allow you for the early termination. You and landlord can settle for new tenant and handover to new tenant the rental functions. or else agree to a settlement amount that will be less expensive than the balance of the lease amount.

Do not consider this as a legal advice.. I can help you with my personal knowledge and personal opinion.
Please let me know any information needed.


Breaking Lease

By Nicole C.

     
      In the summer of 2009 my boyfriend and I broke the lease on our apartment. We gave over 30 days notice. In our lease it was clear that if we broke the lease we would owe an extra months rent ($740) as a penalty. We moved out and waited for the bill. (They had updated addresses for both of us and phone numbers). Yet the bill never came. My boyfriend went down to the apartment office on three different occasions to try to pay but each time they told him that the billing office will send a bill. If they dont then dont worry about it. That if someone moves in right away they dont charge you. We were also told this by another landlord in town. Is this a law in oregon? We also called a couple times to check back in and ask if we still owed anything. Seven months later we go to apply for a loan for our wedding and we find out that they had sent us to collections the month after we moved out. They never sent us a bill or called us once. We went to the apartment complex office again. They told us that it must be a mistake that it was sent to collections because they dont send anything to collections for at least a year. They gave us the number for the billing office. What are our rights in this matter? Can a company send you to collections without ever billing you? The woman at the billing office basically contradicted everything the ladies at the apartment office said to us. She said it didnt matter if someone else moved in right away we still owed. She also said they sent the bill to our old apartment that we had moved out of. Which didnt make any sense to me. I am just very confused. Is there any legal way I can pursue this. I dont think what they did was right. Thank you

Edited on: Thursday, January 23rd, 2014 4:11 am

One Response to “Breaking Lease”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Tony Richards

July 7th, 2010 2:49 pm

Nicole,

First, congrats on getting married. Hope you’re still able to get your wedding worked out.

Breaking a lease can have some penalties as you have mentioned. Here, it appears that the right hand (management office) and left hand (billing department) have no idea what each other is doing. You did stop in and make multiple efforts to resolve the early termination fee, but because the “Left Hand” (management office) failed to communicate this to the “right hand” (billing office) you got stuck in the middle.

The biggest problem is that the billing office had most likely acted within their legal rights. As a landlord I can send any money that is past due to collections. I don’t do it too often, but I can. The only real requirement I have to have is what is called a proof of debt. In your case the billing office would have provided your lease agreement as a proof of debt showing that if the lease was ended early that you would owe one months rent. From there, the collection agency would have been required to comply with the Fair Debt Collection Act that requires then to give you some type of notice or chance to bring the bill current before hitting your credit report.

The collection agency and or billing office can send statements to your old apartment address as it would or should forward to your current address. So, legally if they sent the notice to your old place and you forgot to forward your mail, it would still hold up in court.

I’m not sure what to tell you… other than the fact that you have a signed lease that shows you would be required to pay the early termination fee and didn’t. The only way you would be able to get out of this would be if you could get someone in the management office to write you a statement stating that they had told you that you did not have to pay the fee. I don’t think you will be able to get anyone to risk their job for you… so good luck.

I think you’re stuck. Not sure you have many options here. I’ll follow this post to see what others come up with.


breaking lease

By Travis

Just signed a lease then found bugs within a half an hour, then asked to get out of lease.  Can I break a lease just after signing it?

Edited on: Saturday, July 10th, 2010 3:21 pm

One Response to “breaking lease”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Randy

July 11th, 2010 2:16 am

Breaking a lease is more difficult than one would think. Having bed bugs is a major issue and would most likely justify the termination. However, it may require some type of legal assistance.

What ever you do, DON’T MOVE IN!!! Having bedbugs can destroy your belongings as they will lay eggs in dressers, beds, etc

You should probably file a complaint. This will get you an RPA Agent that will help you get out of your lease… it will set you back $35 bucks.. but its much less than getting stuck in a bedbug infested apartment!!


Close


Yes, the RPA® Can Help You!

Filing an official complaint is the nation's fastest way to solve tenant problems.

Not Ready? Learn more...

Complaint Filling Deadline  Tips/Suggestion

Need Help Filing Your Complaint?

Agents Available Mon- Fri 10am to 10pm

Recently Resolved Complaints:

See how the Nation's Rental Authority has helped thousands of tenants already!

Ask Question:

Post a new question to the RPA Tenants rights forum.

You Have Tenant Rights.
Recently Posted Questions:

Over 4,000 questions have been asked by tenants including these new posts:

Tenant Rights Categories

Popular categories about renters rights.