getting out of a lease agreement

cassElliot

Hi,

I'm unsure if this is in the wrong place so feel free to move.

Here's my problem - I've been renting an apartment for over two years now. I just signed a lease in December and seriously regret doing so now. since signing I've had nothing but problems with parking, water, electricity, the complex itself, safety issues... now I want to leave but I don't know what will happen with regards my deposit... my brother told me if i am paying rent once a month (which I am) by law I only have to give my landlord 35 days notice of leaving but I'm not sure of this...

I'd like to take my time and look for another apartment that I really like, rather than rushing into a decision. am I stuck in the apartment I'm in now for the rest of the year? Is it up to the discretion of my landlord? What can I do? I've been a model tenant, paid rent on time, kept the place lovely, never caused any problems.

I'd appreciate any advice, thanks!

djimi

Theres been at least two other theads asking this exact same question in the past couple of days; take a look back through the first and second pages of this forum and youll find They should give you the answers you require.

Basically your brother is wrong; under normal circumstances there is no notice amount which you can give to get out of a fixed term lease - you signed the lease and are expected to honor it until it expires. However, if you have issues with the accomodation then you should bring them to the attention of the landlord (in writing and keep a copy) and give them a reasonable amount of time to find a resolution, usually 2 weeks, allowing time for parts which may need to be ordered. Ask for a response in writing outlining how the landlord plans to deal with the issues. If the landlord does not fix the issues or shows no interest then they are in breach of their obligations and that gives you a potential route out of the lease, but you must go through the process first and allow them time to rectify the issues.

Of course, if you feel that any of the issues are serious enough to pose an actual threat to your wellbeing then you shorten the resolution time, but that is an exceptional case.

3DataModem

There is a very simple way to get out of a lease agreement.

You ring the landlord, and say

"Hi, my personal circumstances have changed pretty dramatically and I'd like to move out. Sorry about this, but as I've been here over two years I was wondering if you would consider agreeing to let me move out soon - maybe 4 weeks? Of course I'll be accommodating re: viewings."

Lots and lots and lots of landlords will say yes.

cassElliot

yeah... thats what I was thinking too. If I've been there awhile that the landlord would be accommodating. I have contacted him with all the problems I've had and have heard nothing back! My brother had a year lease and left mid way through said lease... he gave his landlord 4 weeks notice which is why he told me I'll be ok to do so too.

djimi

cassElliot wrote: »

yeah... thats what I was thinking too. If I've been there awhile that the landlord would be accommodating. I have contacted him with all the problems I've had and have heard nothing back! My brother had a year lease and left mid way through said lease... he gave his landlord 4 weeks notice which is why he told me I'll be ok to do so too.

Your brother either had a break clause in his contract allowing him to move after 6 months, he forfeited his deposit (and was somewhat fortunate that the landlord didnt take further action) or was extremely lucky and had a landlord who didnt mind being screwed over half way through the lease! Ordinarily speaking, break clause aside, you will not get out of a lease half way through without penalty unless the landlord is neglecting their obligations and you have followed the proper procedure.

If I were you I would put all the problems in writing and send them to the landlord (keeping a copy for yourself). Give him say a week to respond, and based on that response (or lack of response) then plan your next move. Putting your issues in writing will put you in a better position no matter what you decide to ultimately do, and if the landlord decides to take issue with you trying to break your lease then at least you can fall back on the fact that you notified him properly of the problems and gave him time to repond which he did not.

odds_on

cassElliot wrote: »

Hi,

I'm unsure if this is in the wrong place so feel free to move.

Here's my problem - I've been renting an apartment for over two years now. I just signed a lease in December and seriously regret doing so now. since signing I've had nothing but problems with parking, water, electricity, the complex itself, safety issues... now I want to leave but I don't know what will happen with regards my deposit... my brother told me if i am paying rent once a month (which I am) by law I only have to give my landlord 35 days notice of leaving but I'm not sure of this...

I'd like to take my time and look for another apartment that I really like, rather than rushing into a decision. am I stuck in the apartment I'm in now for the rest of the year? Is it up to the discretion of my landlord? What can I do? I've been a model tenant, paid rent on time, kept the place lovely, never caused any problems.

I'd appreciate any advice, thanks!

Did you sign a new Fixed Term lease or was it a Part 4 lease?

If it was a fixed term lease, there are a few ways to break or get out of it if you want to retain your deposit.

If the landlord has not maintained the apartment and its facilities, the ones which he is obliged to maintain, then he is in breach of his obligations provided you have advised him in writing and specified a date (normally about 14 days but depends on the problem) by which the problems should be remedied.

You can assign, with the landlord's permission, the lease to another person who then takes over the lease. However, it is your responsibility to find this "assignee". if the apartment is left vacant between you leaving and a new tenant takes up occupation, you are liable for the rent during that period. If you fail to find a new tenant and the landlord has to do the job, you are liable for his reasonable expenses.

I've had nothing but problems with parking, water, electricity, the complex itself, safety issues

You mean that all these problems have just started since you signed the new lease, something over a month ago?
Parking problems may not be the landlord's responsibility directly - possibly the management company.
Water and electricity problems, if within the apartment would be the landlord's problem, but outside the apartment would be either management company or the water provider.
The landlord is not responsible for issues in the complex itself - management company.
Safety issues are possibly your responsibility or the management company.
The landlord can only forward your complaints to the management company, beyond that he can do little and I don't believe you could normally break a lease in these conditions. However, without further information on these issues it is impossible to give correct advice.

I'd like to take my time and look for another apartment that I really like, rather than rushing into a decision.

So, you want to make use of the apartment as long as it suits you but want to leave when it suits you. You can't have your cake and eat it.

ProudDUB

Your brother is wrong. There is no notice period for a fixed term lease. You move out when the lease ends. If you leave before that, the landlord can with hold your deposit and also chase you for the remaining 10 months of rent that he is missing out on. Few landlords would go that far, but they would definitely hang onto your deposit, and they are within their rights to do so.

If you have been living there two years and had all these problems, why did you sign another lease in December? Did all of these problems only start since then? I find that hard to believe.

Agree with other posters, parking issues, issues with the complex itself and security issues, are not the landlords fault, unless the doors and windows into the apt itself are substandard. They would not be grounds for you to leave, and still get your deposit back.

If the electrical and water issues have been ongoing since you have been living there, have you spoken to the landlord about getting them fixed? Has he made an effort to do so? If you have not, do. He is entitled to be given a chance to fix what he can. If you have done this and he has not resolved the issues to your satisfaction, you may have a case against him for moving out and getting your deposit back. But if he chooses to hang onto the deposit when you move out, the only way to possibly get it back is to take him to the PRTB.

You will need to provide proof that the apt was not habitable or safe to live in, that the landlord refused to make it so, so you had no choice but to move out. Wait a year, cross your fingers and you may get a judgement in your favour. But based on what you have posted so far, I'd say your chances are no better than 50/50.

cassElliot

odds_on wrote: »

You can't have your cake and eat it.

wow touched a nerve there, i was only looking for advice.

cassElliot

ProudDUB wrote: »

If you have been living there two years and had all these problems, why did you sign another lease in December? Did all of these problems only start since then? I find that hard to believe.

.

why would I lie in a bid to get advice? i find it hard to believe you would think that...

cassElliot

mods please lock the thread. i dont want to read any more posts.

odds_on

Quote: Originally Posted by odds_on
You can't have your cake and eat it.

wow touched a nerve there, i was only looking for advice.

I gave you my advice - and spent quiet some time doing so; and you didn't even answer the question as to what type of lease you signed, as this is crucial to a correct advice.

You can take my advice or leave it - it doesn't matter to me, but it might assist other tenants who might have the same kind of problem.

athtrasna

cassElliot wrote: »

Here's my problem - I've been renting an apartment for over two years now. I just signed a lease in December and seriously regret doing so now. since signing I've had nothing but problems with parking, water, electricity, the complex itself, safety issues... now I want to leave but I don't know what will happen with regards my deposit.

Like odds_on says, this post makes no sense. You have lived in the place for over two years and in the last two months (since signing the lease) all these problems have suddenly materialised? I really can't see how that can be the case, certainly not without more details.

ProudDUB

cassElliot wrote: »

why would I lie in a bid to get advice? i find it hard to believe you would think that...

It is not just me. Other posters have also questioned the likelihood of a renter enjoying two years of peaceful, uneventful renting in an apt, but in the space of a mere 8 weeks problems, cropped up involving the electrics in the apt, the water in the apt, the security in the apt complex, the parking situ in the apt complex, as well as other vague, unspecified problems with the apt complex. All of this began happening at the same time & were not there during the previous 2 years of occupancy. What are the odds of that happening? Hence my own question. Apologies for any offence caused, but take a moment to look at how this appears to others.

I would be in favor of keeping this thread open. The OP may not like the answers given here, or the questions asked. However, it may be useful in assisting other poster who may be in a similar position of having signed a legally binding contract, and they want to know the implications of breaking said contract. No matter how unpalatable or inconvenient it may be to hear, the truth is still the truth.