Help! We need to break our lease..

[Cutie22778]

What is the name of your state? Massachusetts


My Fiance and I have lived in our apartment since April 1 2004. When we moved in the rental agent noted things wrong with the place and said they would be fixed by the end of the week. I am writing this on August 17th so obviously nothing has been done. We pay enough for rent and shouldn't have to deal with broken things. Anyways...according to the law the landlord is required to produce a written statement including the name, address and account numbers of the bank holding our security deposit. We haven't recieved those. It also states that the info can be open for public viewing at the rental office.. well..there isn't one of them either. Every month, when we send the rent money we send them a letter stating our issues and ask for response. We haven't gotten that either. My Fiances old landlord is buying new property and asked us to move in. We signed a year lease but are curious if since we have had so many issues, if we could just talk to them and see if they will agree to a friendly termination and avoid problems.
If anyone can give us some advice that'd be GREAT! We need it!

 

[FarmerJ]

Talk to them then , Other wise you dont have to move as long as you have a copy of the lease that doesnt allow early termination then you could tell the LL you wont be leaving till the end of the lease .

 

[Cutie22778]

Talk to them then , Other wise you dont have to move as long as you have a copy of the lease that doesnt allow early termination then you could tell the LL you wont be leaving till the end of the lease .

OK, Im not quite sure I understand what you mean. Are you saying that since I have all these issues that I can just move without worrying about the lease?
Im sorry, this is all new to me..

 

[moe15]

their response

confused me also.

Are the damages unhabitable? Did you send a certified letter requesting that the items be fixed by a certain date?

I would first call the housing authority to inspect the place. If there are things wrong, they will force her to fix them within a certain time frame. If she fixes them, you cannot break the lease though, without consequence. If she does not comply with repairs, and you have all the documentation that you asked her to fix them, then you can fight it in court. You really don't want the mess though.
I would try to get the things fixed by calling the inspectors first, then go from there.

 

[dequeendistress]

Yes you sure could try the friendly lease termination negotiation. Just a tip, landlords generally do not want to hear..."that was that way when I moved in or that the place reeks"....USUALLY you inspect the rental property PRIOR to signing the rental agreement....Should have NOT SIGNED until the property meet your standards.

By the way, unless it is a HEALTH and SAFETY or CODE issue there is not any entity that will force repairs.

 

[moe15]

Btw

What were the repairs?

They are right, you should have had something signed upon inspection, noting anything that needed to be repaired, or any existing problems, so the LL could not tag them on you when you leave.

Also, when you do go you do the same thing...a walkthrough with a printed up form checklist. It should state that there are no damages caused by the tenants other than normal wear and tear, and that you will be receiving your full SD within a reasonable time frame (unless your state has a set time)
Then they can't come back to you saying that they are not giving you the SD...you will have proof for court.

 

[dequeendistress]

My bad, I just reviewed the original post and the LEASE notes that REPAIRS were needed upon signing. SO you in fact SIGNED that you were aware of the damages or whatever since you did not clarify WHAT the repairs needed were....

hmmm

My Fiances old landlord is buying new property and asked us to move in.

**Afterall this IS the issue, isn't it?

 

[moe15]

RE dequeendistress

rental agent noted things wrong with the place and said they would be fixed by the end of the week.

It does not say that it was in the lease, just that the rental agent noted it to them...the agent may have verbally told the LL, but that does not mean squat unless it is in writing, or on the lease

 

[dequeendistress]

:O OH my God, I read rental agent as rental agreement...Where are my glasses.

Regardless it does not appear the items were life threatening or violation of code...Since I have not seen an answer to any question about the nature of the needed repairs.

 

[moe15]

haha

nice to see someone admits to making mistakes around here...everyone else just gets hostile and rude.

I don't think this person is on the board as much as us apparently...hopefully they get back to us

 

[Cutie22778]

Sorry Guys

No Im not on as much as you guys. I have a very busy job....but im here now!
Thanks for all your responses. I hope I can answer them all.
No, the repairs do not make the place inhabitable. They are simple repairs that should have been done months ago. I don't send certified letters because I send the letters with the rent. I do have copies of them all though.
In my opinion, I feel that with the amount of rent I am paying and the countless times I have written and called them, you might think something would have been taken care of by now. And nothing has. Its just frustrating and I shouldn't have to deal with it.
With some research I've found that all the tenants that live here have had issues with the LL in one way or another...blah!
I appreciate all your responses. Thanks!

 

[HomeGuru]

No Im not on as much as you guys. I have a very busy job....but im here now!
Thanks for all your responses. I hope I can answer them all.
No, the repairs do not make the place inhabitable. They are simple repairs that should have been done months ago. I don't send certified letters because I send the letters with the rent. I do have copies of them all though.
In my opinion, I feel that with the amount of rent I am paying and the countless times I have written and called them, you might think something would have been taken care of by now. And nothing has. Its just frustrating and I shouldn't have to deal with it.
With some research I've found that all the tenants that live here have had issues with the LL in one way or another...blah!
I appreciate all your responses. Thanks!

**A: based on your posts, you do not have grounds to terminate your lease early.

 

[JETX]

We signed a year lease but are curious if since we have had so many issues, if we could just talk to them and see if they will agree to a friendly termination and avoid problems.

I don't know how 'moe' managed to divert this entire thread from your above question, but the REAL answer is:
Of course, you can certainly contact your current landlord and see if they will agree to an early termination of your lease with them. If they do, get it in writing.

Further, I agree with HG.... there is nothing in your post that would indicate your having the 'right' to an early termination without their approval.

However, there does appear to be some 'good news' on the repairs that are not being done. In Massachusetts, the Consumer Protection Act prohibits landlords from engaging in unfair or deceptive acts or practices that violate existing laws that protect your health, safety, or welfare.

Some of the ''unfair or deceptive acts' include:
* Violations of the local building and housing codes, and state sanitary code
* Retaliation against the tenant for exercising their legal rights
* Charging illegal fees or penalties
* Refusing to or failing to make repairs after the landlord has been notified
* Violating your right to quiet enjoyment
* Failing to provide services required by the tenancy agreement
* Misusing your security deposit
* Sending you documents that look like court papers, but are not
* Refusing to accept court papers from you
* Using illegal terms in your lease
* Evicting the tenant without a court order
* Taking the name, address, or phone number or the landlord or building manager for your building off your lease
* Failure to provide you with a copy of your lease within 30 days after you have signed it.

The above information, and instructions on what actions you might take can be found at:
http://www.bostonabcd.org/houseman/acts.htm

 

[HomeGuru]

JETX, thanks for seting this thread back on track.

 

[Cutie22778]

JETX Thanks....

I haven't read that "law" But I have read that when you give a security deposit that the LL needs to give you a letter with the banks name address and the account number where the security deposit is held. Of course, this hasn't been done either. If I was a LL and I was told of all these "violations" I think I would grant a tenant "friendly termination" and just look for someone else to rent to. As far as I have been told...if we do break our lease then when and if they take us to court we have the evidence for the case to be ruled in our favor. Based on the letters about repairs and the security deposit stuff.
I really appreciate all you guys' help. If you know anymore, I would love to hear it!