Aaaa Condition

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September 5th, 2010 admin Leave a comment Go to comments

Aaaa Condition
lease problem?

i moved from a nice area to a not so good area to save money but now I am stuck with a 1 year lease in an apartment with roaches. aaaa Ihave a 16 month baby and want to move back to were I used to live. Way better conditions. Is there a way to break out of this lease for this type of conditions?? any help would be great. Thanks.

Go online and look up the "Landlord-Tenant" laws for your state. Each state had different ones, so it may not apply everywhere.
In my state (FL), we have LOTS of bugs, and one of the laws is that the landlord is responsible for pest control. If they don't do it, then it creates a cause to break the lease with no penalty. Where I moved from (GA), there is no such law, so you would have to live with them.
In these laws, it tells every conceivable scenario that would cause a "breach" of the landlord-tenant contract. It has remedies for not only the landlord, but the tenant as well. They are laws, so they will read like a law book. Most people can understand them though if they take the time to really read through them. But because they are laws, they must be followed to the letter in order to uphold a claim by either the landlord or tenant.
If the landlord has breached the contract with you by not controlling pests (IF that is his responsibility in the laws), then you may have a remedy of withholding rent until such condition is corrected. You must first notify him by CERTIFIED letter that there is a problem and then give him a chance to fix it. If he doesn't, then you must again send a CERTIFIED letter letting him know of your intent to withhold the rent if the problem isn't fixed by *** days (specified in the laws). If he still refuses to fix it then begin withholding rent and send him a third CERTIFIED letter declaring the rent being withheld due to breach of contract and stating that the withholding will continue until the problem is fixed. Always request "Return Receipt" when sending a certified letter. Save these and any letters that are returned to you because he would not pick them up. A word of caution though about withholding rent: most states require that you be current in your rent and not be in violation of a single clause in your lease. AND, the rent must actually be withheld and put in escrow or the court registry, not just delayed in paying it because you don't have the money to pay.
The landlord will then have to file for eviction, and you will get served with "Notice of Eviction" by the Sheriff's department. At that time, you will have between a week and two weeks to "Answer" the landlord's claim (the time period is stated on the notice and in the landlord-tenant laws). Make sure that you follow every guideline and time-frame given, otherwise you will be evicted and still have to pay the lease. In your answer, your defense would be "breach of contract by landlord for not following his obligation pursuant to statute *** (whatever the one is that specifies his obligation).
Then when the hearing comes up, take pictures of the roach infestion with you to court as evidence. MAKE SURE that you have your withheld rent either with you or in the court registry when you go to the hearing (which one will be stated in the original eviction notice).

Obviously, all this will depend on your state's landlord-tenant laws, but if you need help with it, there are almost always free legal organizations that will help you any way they can.

Good Luck!!!

P.S. Unless you are illegally living in the apartment (which with a lease, I'm sure you're not), then no police force in America will allow your landlord to kick you out in the street without going to court first. So don't let anyone tell you any differently!! As long as you have your lease and rent receipts, if the landlord does try to make you leave, call the police yourself. There are laws in most states called "illegal eviction" which is a criminal offense and the landlord can be arrested for attempting it. After that, you can additionally sue him in small claims court for damages. DON'T be afraid to exercise your legal rights!! Just be informed before doing it!!!