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Grounds for breaking an apt rental lease

Wake95

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Posting this question for a friend. It has been many years since I have rented and I am frankly at a loss as to what rights she may, or may not, have.

Anyway, a friend of the family (college aged) rented an apartment at the Corners At Crystal Lake here in Winston in January of this year. Over the ~ 5 months that she has lived there she has had problems with water leaks from pipes on 3 separate instances. The leaks seem to be coming from pipes from an upstairs unit. The management has 'dealt' with the leak each time by just painting the ceiling....not actually fixing the problem. She is now having issues with mold in her unit.

She has tried to break the lease since she is just tired of the constant leaks, the potential health hazards with the mold and the refusal of management to truly address the issue and fix it.

They have basically given her 3 options:
1. Move to another unit within the same complex. She doesn't really want to do this for fear of having the same issues and because of how management has proven that they don't address isssues.
2. Break her lease and pay 2 months rent. She says that this isn't really an option for her as she does not have the extra cash to just throw away 2 months rent.
3. Move to another property owned by the same management company. She doesn't really want to do this either as all of her options would cost her at least an extra $100 per month and she would still be dealing with the same management company.

They also told her if she moves to another unit within that property or to another property her lease would start over....tying her to this managment company for another 12 months from the date she moved. She feels trapped in a bad situation and doesn't know if she has any legal grounds to break the lease without being penalized. She just wants out and wants to look elsewhere. She has wondered if getting the Health Dept involved (or at least threatening to) due to the potential health issues with the mold would be of any use.

What advice do you all have that I can pass on to her?
 
What does her lease agreement say about the property management fixing repairs in a timely manner, etc? What outs does it give for health hazards? Does it state that she also must re-start her lease by moving units to address these things?

I'd go back to the agreement first and start looking for the holes that could either allow her out or show where/how the mgt company is actually allowed to be the dicks they're being.
 
When is her lease up? Two months? Or is that the penalty for breaking the lease?
 
I have not seen the agreement she signed myself. She just mentioned this to me this morning. I am going to try to get her to get me a copy of the agreement to look over. I just thought I would throw it out there for you guys (and gals) to give me some things to think about and look for when I review the agreement.
 
she moved in in January and signed a 12 month lease....so sometime in January 2015
 
the 2 months they want her to pay would be the 'penalty' for breaking the lease early.
 
Call one of those obnoxious troubleshooters from the local news team. They'll get answers and they'll get action!
 
The landlord's obligation is to provide a fit and habitable premises. Even if they have failed to do that by not properly fixing the leak, which is far from clear, they have offered to move her to a new unit (that is presumably free of mold). If she is looking for them to agree that she can move out and have no further obligation to pay rent, that is not going to happen. Whether they would actually pursue her for rent if she moved out under these circumstances, is another matter altogether. If she does move out, tell her to take pictures of the mold, and to document to the management company in writing that she is moving out because of the leaks that weren't addressed, and the resulting mold. Decent chance they just let her go, IMO.
 
The landlord's obligation is to provide a fit and habitable premises. Even if they have failed to do that by not properly fixing the leak, which is far from clear, they have offered to move her to a new unit (that is presumably free of mold). If she is looking for them to agree that she can move out and have no further obligation to pay rent, that is not going to happen. Whether they would actually pursue her for rent if she moved out under these circumstances, is another matter altogether. If she does move out, tell her to take pictures of the mold, and to document to the management company in writing that she is moving out because of the leaks that weren't addressed, and the resulting mold. Decent chance they just let her go, IMO.

This is great advice, though it's always a gamble with a worst case scenario of an eviction action. I'd also recommend that she check out a tenants rights clinic (i.e. this one). I don't know how good Legal Aid is in Winston, but their clinics in NY and CA are both very good.
 
Biff is right....a call from the media with the threat of a story will break any lease with no penalty.
 
Some landlords and management companies ask for the contact info for your prior landlord to make sure that you are a "good tenant." Just something for her to keep in mind if she just walks away from the lease- even though the management company is at fault, they would put the blame on her.
 
Need to document the fuzzy parts of her story, then present that documentation to the landlord expressing her intent to file a grievance.

It's unlikely all the landlord did was paint over a water leak. Should write a letter asking what was done. Mold should be photographed and documented along with a formal request to remove/repair. Should ignore all the other stuff, just focus on proving the landlord is in breach of the lease agreement.

After the above, contact the health department and get a letter saying the home is not inhabitable due to mold. Supply that info to the manager, with a letter detailing a move out date due to violation of lease agreement terms to provide a healthy living environment.
 
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