Friday, November 7, 2008

How To Get Out Of Your Apartment Lease

Negotiate a lease-break agreement. If your lease doesn't already have a lease-break clause which specifies what you must do in order to break the lease, then you'll have to work this out with the landlord. Some negotiation points:
Offer up part or all of your security deposit Offer to continue paying rent for 1-2 months after you vacate Volunteer to find the next tenant to sign a new lease (you shoulder the costs of placing ads, costs of any screening, and showing the unit to prospective tenants) This is the best way to get out of a lease because you won't burn bridges and taint your rental history. The remainder of these steps will only work under laws which vary from place to place, and you may end up needing to hire a lawyer. Even then, sometimes the law will only require the landlord to address the issue, not let you out of your lease. Find something in your apartment that is dangerous. Your landlord is required to repair conditions that materially affect the physical health and safety of an ordinary tenant.[1] You have to specify this condition in a notice certified return receipt to the place of which rent is normally paid, and you can’t owe any rent. In most cases, you must give the landlord time to make the repair, and send another written notice before you can take legal action.[2] Also, you as the tenant or any of your friends can’t cause this condition so don’t take a sledge hammer to your smoke detector. Examples of these conditions might be:
mold broken smoke detectors severely loose railing on your balcony holes in carpeting that could trip someone security issues (e.g. broken lock or doorknob) Does your apartment look like the model they showed you when you leased? This one works a lot better when you have only lived in your apartment a short period of time. Most states have a Deceptive Trade Practices Act that prevents businesses from employing a "bait and switch" sales tactic. A lot of cases have recently come out against apartments that show you a ridiculously nice model that in no way is representative of the unit they gave you the keys to when you moved in. The repercussions in most Deceptive Trade Practices Acts are severe, and your apartment community will probably offer to pay you to move out once they get wind of a Deceptive Trade Practices Act suit against them. But, you may only be entitled to up to three times your damages plus any court costs and attorney’s fees involved[3] which doesn't necessarily mean you can terminate your lease.

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