Lease termination

[sealionqueen]

In september of 2001 we entered a lease agreement. We believe we were misled into this agreement. The apt. manager told us it was a month to month agreement. We told him we would only enter the agreement if it were month to month because we were buying a house and didnt know how long it would take. We bought a house and when we gave our notice, the manager told us we were obligated for a year and that he never told us it was a month to month agreement. In the lease there is a clause that states that if there was false representations involved with the lease agreement, it would be cancelled and rescinded as if it were a month to month lease. We brought this to their attention, and they said that doesnt mean a thing. we have since moved out and are still paying rent. Since we moved out, management has entered the apartment without our knowledge, had the carpets cleaned-which they are charging us for), and turned the heat thermostats on high, running up our electric bill. (we were planning on having the carpets cleaned before it was reoccupied). We are required to keep electricity during the winter months, thats why it hasnt been turned off. They also told us when we signed the lease, that water was included with rent. We recently found out, that they opened up a water account in our name, without our permission or knowledge. We found this out when we got a bill for 3 months worth of water.

Is there a way to have this lease cancelled since they made so many falsifictions?
Were they legally able to enter the apartment and do those things without notifying us?
Do they have to get our permission before putting a ulitity bill in our name?

 

[happy&lucky]

With all of YOUR screwups how did you maange to buy a house?

YES YOU screwed up.......YOU had responsibilty for reading your lease before you signed it...YOU DIDN'T

Well find the ad for the apartment did it say water was included? or was water included in your lease?

Why didnt you move out and have the electricity turned off?

Dont worry too much, you will be in forclosure on you new home within a year or two, at this rate.

 

[sealionqueen]

Happy&lucky,
If you have nothing nice to say, please dont reply.
We are not stupid people, this is the first time Ive had a problem with a rental situation. We have to keep the electric turned on in the winter months until the apartment is rerented. Water is not mentioned in the lease. It was a ll a verbal agreement.

By the way, we will not be forclosing on our house, that was extremly uncalled for.

 

[happy&lucky]

Like i said if YOU can PROVE that wtaer was included in the rent, by finding the advertisement you saw in the paper, if its in the ad then you have a case.

You didnt read the lease just like you probably didnt read all the documents you had to sign at the closing.

YOU didnt help the landlord re-rent the apartment, by showing it to prospective tenants before your left.

Of course since we dont know where you live some states like Florida this is legal and some states like NY it is illegal for a landlord to sit with a vacant apartment and stick the previous tenant with the rent

 

[Cvillecpm]

First, you signed the year lease and there is most probably wording that you can't modify it except in writing - you have a year lease and should not have signed it if you wanted to be on a month to month basis.

The heat needs to accommodate an interior temperature of at least 60degrees - if your heat is turned up because the there is no one in the property to properly adjust it during daylight/nighttime hours, again, your problem. All cabinet doors to plumbing should be open so that pipes don't freeze.

Lastly, the carpets need to be cleaned when you left so that apt would look nice and attractive to prospects who, when they rent the apt, will relieve you of your obligation under the lease.

I agree with Happy, you have really screwed up and now need to offer mgmt a FEE to get out of the remainder of the lease - 2 months rent, they take your deposit - whatever; otherwise, you are stuck.

 

[SAK2000]

Attn: HAPPY&LUCKY

Just curious where you got your name.................

Does it make you "Happy" to talk like s**t to people? I feel sorry for you. With all your anger and condescending attitude, you must be a very lonely person.

I challenge you to watch the movie "Pay It Forward."

 

[sealionqueen]

We gave plenty of notice to the landlord before we moved out, and we are still paying them rent. WE ARE TRYING TO FIND OTHER RENTERS. We did not just leave like you are putting it. In my opinion, they had no right to have the carpets cleaned without our permission. The lease states we dont need to have them cleaned until the end of the lease, or until new tentants occupy it. Neither has occured yet. The point is, they did things that have cost us alot of money without even notifying us. So far they have not lost one cent. There should be something to protect renters from scam artists.I believe they are scam artists. We were told, point balnk, that it was a month to month lease. It is worded in the lease both ways. It could be taken as month to month or as a year lease. they have done the same thing to ther tenents in the building as well.
Happy&lucky...keep any rude comments to yourself. You dont know me and I do not appreciate your responses. I put this post up for some help, not to be rediculed.

 

[justathought]

I'm dreadfully confused! What is the *exact* wording in the lease about the lease term? And the *exact* wording of the utilities and carpet cleaning section?

I don't know where you are, so I'll give you a few generalities based on my state...

The lease term... don't know how it could go either way. Lay out the wording. Usually a "lease" is for a set period of time, so you're probably SOL. It probably doesn't matter how much notice you gave them if it is a term lease. You are responsible for charges until the bitter end or until it gets rerented. I've done leases and tenant-at-wills (month-to-month)... Leases were specific terms, at-wills had more of a general "renter's responsibilities" to take or leave, nothing signed except for the receipts.

Utilities... there should be a section regarding responsibilities. If you signed something stating you are responsible, they *might* be able to set those up for you to prevent a lapse in service. I think around here it's actually against the landlord laws to have a lapse in service. And this means if you are responsible for the term, you are responsible for the services, there or not.

Carpet cleaning... again depends on your lease wording. I believe in my state, a landlord is not allowed to pass the between-tenant cost of carpet cleaning *unless* it went beyond normal wear and tear. I.e. you spill red wine or your cat pees on it. Then it may come out of the security deposit. Doesn't matter if you were going to do it or not.

You also might want to look up something called a "parol rule". In a nutshell, this says it doesn't matter what the verbal agreements are because it's the written document you signed that incorporates *all agreements as understood by both parties*. Not in the written lease--not agreed or understood.

Although there is a disclaimer about "falsification", the final written lease is the one that is going to stand up because you should have read carefully before signing a legally binding document. Verbal agreements aren't going to mean anything. You can't fight the falsifications, because it sounds like you signed the lease to the contrary. What you signed is *the* agreement.

And they probably retain the right to enter the property because with you not being there--they can claim abandoned property and you are only supporting that claim by not being there.

But again, I don't know where you are and I'm not a lawyer... I've just had wonderful landlords and slumlords and had to get mighty cozy with my state L/T laws. These are just random thoughts from another tenant.

Good luck!

PS. Get in touch with your local rental housing association (RHA). (Very knowledgeable about L/T laws and cheaper than a lawyer.) They will be able to tell you if the apartment is allowed to sit empty. Some places they can, some places they can't. All depends on your local laws. It was actually our local RHA that helped us nail a slumlord...By the book and without a dime spent. Give them a try. It probably can't hurt at this point.

 

[happy&lucky]

YO sealionqueen

We are trying to help but you keep acting dumb!

First does your lease have from and to dates in it? what are they? is it 9/1/2001 to 10/1/2001, then you have a month to month lease, if its 9/1/01 to 9/1/02 then its a years leae.

Next did you find the ad wich led you to rent that place? If the ad said water is included then you can demand the landlord reimburse you for the bill.

Has the landlord advertised the apartment? if not well....

tell us what state you live in and it might be Illegal for them to keep the apartment vacant and assume you will pay the bill.

So quit bitchhhing and start anwering the questions...

thank you.

 

[SAK2000]

Attn: Happy&Lucky (what a joke)

It appears that you are the real bitch.

If you are trying to answer someone's questions, it's really hard to see that through all your insults and condescending comments.

Instead of spending so much time trying to find ways to kick someone while they are down, why don't you try to show a little consideration? Sometimes it's hard for people to acknowledge that hind sight is 20/20 or that someone may have got the best of them. I'm sure I could read through your posts and find a few things wrong with your grammar and/or spelling. Does that make you a complete idiot? I don't think so.

Remember.....all of us can't be as perfect as you.

 

[happy&lucky]

uh whoose poifect?

If deez peeps were 2 just tink 4 a minit, dis woulnta happnd!

...........

I axe a qeston:

why is Charman so sqeezably soft?


hint: is NOT the obvious answer

 

[Gene Gayda]

justathought,

"Carpet cleaning... again depends on your lease wording. I believe in my state, a landlord is not allowed to pass the between-tenant cost of carpet cleaning *unless* it went beyond normal wear and tear. I.e. you spill red wine or your cat pees on it. Then it may come out of the security deposit. Doesn't matter if you were going to do it or not. "

When a lease is broken, the normal rules of wear-and-tear are off. Under the theory that anything a landlord does will make the unit more quickly selected by a new renter, even what would normally be the landlord's responsibility if a lease goes to term CAN be charged to the tenant, in addition to any other costs, such as advertizing, vacant rent time, cost of tenant screening, etc.

If the landlord thinks that cleaning the carpet (even for normal wear-and-tear) will make the unit rent quicker, then, by doing so, he's doing a favor for the tenant.

Yet another cost of breaking a lease.


Gene

 

[justathought]

Gene,

I understand the additional costs of vacant time, advertising, etc. I did say I was speaking in general because a) I'm not versed in real estate or L/T law and b) I don't know all of the specifics of the situation.

For example, had she (I think she intended, not sure if she did) gotten the carpets cleaned right before leaving and all was documented (receipts, pictures/video before she left, etc.) then she **might** be able to make a claim of the landlord running up the bill. I am basing this off of a former slumlord who tried charging us for *everything*-- from "normal wear and tear" to her feeling the need to upgrade fixtures (at our cost) after our vacancy. She got *nothing* from us.

So yes, it may be another cost of breaking a lease. But in our case it wasn't... I guess it depends.

But thanks for the input!! Point is well taken. (If not by everyone )