Animal Cruelty...Breaking Lease

[ENASNI]

good Luck

Good! You have your ducks in a row (just keep them away from the dogs they are hungry... I know I know... but ya gotta keep a sense of humor...okay)

" I think the next best thing to solving a problem is finding some humor in it" Frank A. Clark

Here is to hoping the Judge is an animal lover... someone might come across this thread and know of some case or something... and give some more insight.

Yes, please keep us posted.


Boy are you going to be soooo happy when you are out of there!
Good Luck

 

[treese]

Your situation was not good to begin with and was bound to go bad ... fast. Whether the issue be the dogs or your lease, your LL sounds like a tickin' bomb.

The LL has an obligation to mitigate damages - keep that in mind. He has to make a reasonable attempt to rerent the apartment and may well have to prove so in court.

Whatever you agree to in order to terminate and be released from your lease - get it in writing. Don't bother face to face communication - it's not worth it at this point. Everything should be in writing.

I trust that you'll make sure the dogs are taken care of.

Good luck

 

[ENASNI]

Good add on Treese!

I got so wrapped up in the doggies that I forgot about the landlords obligations!

Oh well it was in the LL/tenants rights I linked... so I feel I can let myself off the hook a bit...that is the most user friendly handbook on the web IMO.

Nice little ammo to have in ones pocket Big Fred!

 

[BigTfred]

Mitigate damages? At the risk of sounding totally ignorant - could someone helpe me out with a definition here? I understand what it means but what are the terms of this LL obligation? He has to show proof that, if I leave, he is actively searching for someone to fill the space?

 

[Jpony]

Now, I'm not a lawyer but my understanding when you rent a place is that you are entitled (unless otherwise stated in your lease) to the use and quiet enjoyment of the place you're renting. It sounds like you're renting a room in his house or on his property (ie garage apt). If there are illegal activities (abusing the dogs) going on in the place, that seems to me, would impinge on your quiet enjoyment. It's not as bad as say drug dealing (actually, I think it's worse) but if the guy was using illegal drugs, that would be grounds for getting out of the lease. maybe?

 

[ENASNI]

you got it

Mitigate damages? At the risk of sounding totally ignorant - could someone helpe me out with a definition here? I understand what it means but what are the terms of this LL obligation? He has to show proof that, if I leave, he is actively searching for someone to fill the space?

He can't just sit back and get money from you without actively trying, advertising for a new tenant... which is one of the reasons why he can keep the security deposit... Make sure that place is clean clean clean... get your camara out and have witnesses...
That is why you finding a replacement is good stuff because he can show proof of advertising and then pull his Charles Manson act and scare off potentials and you are left paying for the months it is empty.

Look in the link at assignment and especially novation... don't forget the novation part... you have a long haul there Dorothy... but keep following the yellow brick road and you will get there...

and for the post above mine... its part of the over-all arguement but in itself not the cure... the judge or plaintiff... that you knew all along.. gets ugly in those widdle courts.
keep on truckin' Big Fred.
Ain't it funny that I turned out to be one of the nice ones around here, scarey huh.
Treese is a good font of information... not sure if knows Cali but knows stuff

 

[BigTfred]

All,
Thanks a million for all of your guidance on this! As advised, I have written up a long letter addressing my concerns about the dogs, his unpredictable mood, etc. I have emailed this letter to him and provided him with a signed and dated hardcopy as well. For safety's sake, I also gave him a signed and dated 30-day notice - I figured the email I sent to this affect wouldn't be considered official in court. In the letter I asked him to provide me with a time when I could call him to discuss the terms of my departure being that he has a problem meeting with me face to face.
I have collected many photos of the dogs and have witnesses to their terrible living conditions.
Most importantly...
I have confidence that I am doing the right thing. I am taking the necessary steps to get out of this situation with as little damage done as possible and, of greatest importance, that these poor dogs are going to get the help they need.
I'm certainly not out of the woods yet - you can expect that I will keep you updated as things develop.
Thanks again for all the support!
Talk soon,
BigT

 

[BigTfred]

Holy Jeez...what a long and crazy day it has been!!!!!!

 

[ENASNI]

kudos

Kudos and Good Luck!

 

[BigTfred]

The situation continues to fall to pieces…

Had a discussion with my land lord and his wife the other day – it last nearly 3 hours.
It started out with him telling me that I was disrespectful and had no right to concern myself with his pets, that I had crossed a personal boundary and was way out of line to even bring up these concerns to him. I was told that it was disrespectful for me to even knock on his door to ask him to have a meeting with me – I was told that I was stupid and naïve child on several separate occasions.
During our conversation, the topic of my lease came up. He told me that I could live anywhere I wanted to but that I would take him at least 3 months to rent out my space. 3 months!!!! I could rend out this room in two days if he would only allow me. Can he throw out an arbitrary number like this? How does this play into the concept of mitigating damages? Is this legal?
Regardless of money and inconvenience, I have decided that I will be vacating the premises by this coming weekend. Thankfully, I have some very understanding friends and family who are going to help me out while this conflict blows over.
This decision raises another set of questions.
I have written (but not yet sent) a letter to my landlord requesting that we meet to discuss the terms of my departure. These are the options as I see them:
1) I could offer him monies upfront – 2 months or 3 months, whatever it takes to get him to sign a piece of paper that says we are square. This could be a problem – I might end up spending waaaay more than I have to – he could rent it out in the next few weeks.
2) I could pay him rent on the 1st of each month that my vacancy isn’t filled. This could be a problem – he could string me on, draw out this process to screw me.
3) I could simply leave – let him pursue me if he wants to. If he wanted to take the time and energy, he could take me to court. In this case, I feel like the evidence that I have of the animal abuse (which includes his admitting to it in our conversation) would be pretty strong. The pros: I wouldn’t have to pay him anything else – I would forfeit my deposit and be done. The cons: obviously – stressful legal proceedings and possibly ruined credit. What exactly can he do to my credit? He doesn’t have my address or SS #. Assuming he hasn’t made any copies of my checks, he has no record of where to track me down.

So…what do you all think? What is the next step here?

 

[south]

One second someone wants to add something....

Wooof wooof woof woooooof wooooooof woof yelp!!

 

[ENASNI]

oopsy

I am not a legal aide here.
I would not want to guide you in the wrong direction.

But I hate seeing you put money out... it does legally bind you in some way that I do not know about...some legelese Sh!t I cant even spell that I am in a bit too deep waters... I will ask a friend to try and look at your situation. No promises dude.. Kay.
Jeesh... I was having a nice Sunday too.

 

[BigTfred]

Update...
Sent another email to my LL - made it clear that I would be vacating the premesis and that I wanted to sit down and discuss my lease. In his response he told me that he was too busy to meet with me and that we would have to meet sometime next month. I responded to this email and told him that I will be moving all of my things out and cleaning the place by this weekend - the room will be available for his use by April 10. In my email I told him that I was leaving him with the rest of April's rent plus my security deposit. I placed my contact info at the bottom and sent it off. If he doesn't set up a time to meet with me before Saturday, it will be on him to pursue me for more compensation.
Hopefully he will let me leave and forget I was ever there!!!
We'll see...

 

[ENASNI]

Otay

Yust in case... send CRRR of same when you leave, this guy sounds like a real Tool.
How are the pooches?

 

[BigTfred]

Dogs are doing much better. I think our confrontation scared some sense in to him - I have checked on them every day since our conversation and they have been well attended to. The Humane Society will still be getting a call from me - this guy is not to be trusted.
Thanks for the advice. I will send him a certified letter after I leave. Fingers crossed...this will be the last time we correspond.
Could the clouds be breaking? Perhaps...perhaps.