Question:
Breaking a rent home lease question?
2016-04-19 13:56:55 UTC
Weve already called our landlord and told them were breaking the lease, they dont seem to mind. This house is not very livable and they should not be renting it in the first place. I do not want to pay this months rent. Here are a few reasons why:
Black mold
None of the windows shut properly/are broken
One of the huge windows (plexiglass) just fell out
When it rains, it rains in our house (due to improper window installation) causing huge puddles under every window, we even get rained on while sleeping in our bed
Only 1 AC unit works, in TEXAS HEAT
their is a fly problem, spider problem, and other insects because their is accsess inside the house witg all the ****** up windows and doors
Our water bill is $213 (a leak they will not fix)
Gas bill is outreagous also

I also have a 2 yr old daughter here (not good with black mold and water puddles)


We cant afford these utility bills anf i really do not wamt ro pay them rent, is this illigal fo them to rent this house out like this? What can i do? I want the deposit back because they did not show us or tell us about any of these home defects? I need help and dont know how to get out of this and it is a living hell guys!! Please help
22 answers:
?
2016-09-10 09:48:28 UTC
2
?
2016-04-21 08:33:46 UTC
There can be repercussions breaking a lease early. One is a nasty LL could hold you to pay the lease for its term.

You can move whenever you want though.

With the shoe on the other foot, a LL with a lease property is bound by law to have a property in "habitable" condition. 'at their expense' . Reporting a water leak to the water company will solve that.

Housing authority could inspect the home and mandate needed repairs or simply let you out of the lease legally.

It would also be legal for you to make repairs and deduct the cost of those repairs from due rent.

Again, this involves the housing authority.

Read your local landlord tenant laws to see where you legally stand.
R P
2016-04-19 14:02:05 UTC
Youn are not going to get your deposit back if you break the lease. It will be applied to the rent that you continue to owe.



If your lease contains an early termination clause, pay the fees as outlined and move.



If you do not pay the rent, the landlord will evict you for non-payment. At this point, you need to continue paying rent and contact the health department to have the house inspected. If it is deemed uninhabitable, you will have to move immediately at your own expense. The landlord's only obligation at that point is to allow the lease to be broken with no financial penalty to you.



Or, you could follow your state's laws before withholding rent. Keep in mind, that once you have done what is required, you still have to pay the rent into a court-held escrow account as it comes due until the matter is resolved.
daniel g
2016-04-19 19:33:56 UTC
There can be repercussions breaking a lease early. One is a nasty LL could hold you to pay the lease for its term.

You can move whenever you want though.

With the shoe on the other foot, a LL with a lease property is bound by law to have a property in "habitable" condition. 'at their expense' . Reporting a water leak to the water company will solve that.

Housing authority could inspect the home and mandate needed repairs or simply let you out of the lease legally.

It would also be legal for you to make repairs and deduct the cost of those repairs from due rent.

Again, this involves the housing authority.

Read your local landlord tenant laws to see where you legally stand.
2016-04-19 14:49:10 UTC
It is illegal to withhold rent over repair issues with out a courts order in most states. Those that do allow it have a very specific procedure you must follow. You cannot just refuse to pay.



You also cannot just walk away from the lease without paying. To break the lease without paying in most states you have to sue the landlord.



Not saying you lack valid reason but regardless of the repair issues these are not choices you as the tenant has the right to make. Only a judge can legally determine the unit is uninhabitable.



Also renting is NOT like buying. Landlords not not legally required to disclose any defects or preexisting repair issues when renting in most states. AC is not legally required in any state but AZ.
?
2016-04-21 06:18:43 UTC
In order to break this lease, it must be agreeable. Your landlord has not agreed to allow you to break the lease without a penalty. Your landlord did not seem to mind that you would be breaking the lease. Once you move and is no longer living in the rental unit, you will discover that your landlord do mind.



Your landlord is not able to tell you what to do in this situation. If you want to break the lease, you should be prepared for the financial penalties and possible being sued.



You are not legally allowed to withhold rent based on repairs needed to your rental unit. By withholding the rent, your landlord is able to give you a notice to pay or quit (Move). If you fail to move based on this notice, your landlord is able to file for a legal eviction signed by a judge.



This legal eviction would be listed on your credit credit report for 7-10 years. Since this eviction notice would be listed on your credit report, you would have a difficult time getting approved for any rental unit you would apply for.



If you break the lease, you will not get your deposit returned to you. In all probability your landlord will keep the deposit to apply to any rent you are planning not to pay as well as any damage found in the rental unit after you leave.



If the deposit does not cover any unpaid rent and damages found in your rental unit you could be sued for the

difference, in small claims court, by your landlord.



It appears as if you failed to inspect the rental unit prior to moving in. In most instances you would have found most of these items in need of repair



The mold you claim to be in the rental unit is probably mildew. Mildew is not a health hazard and is easily removed with a household cure or one you might purchase at your local hardware store.



The cost of the utility bills are determined by the amount of the utility you use.This has nothing to do with your landlord. You really want out of this lease agreement because you are not able to afford the utility bills. Your inability to pay these debts is not a reason for you to void the lease agreement.



The question is not if this house may be legally rented to someone, the question is why did you rent this house without inspecting it. If you did inspect it why did you not find the deficiencies?



If you feel as if this is a health hazard, you should contact the city health and safety department and report these things to them so they would send an inspector to inspect the items.



I hope this has been of some benefit to you, good luck.
2016-04-19 14:14:54 UTC
That's not black mold. That's mildew.



Your landlord has every right to sue you for what you owe including rent for this month and any applicable late fees if you haven't already paid.



If you want to be RELEASED from your lease without consequence, you don't get to unilaterally make that decision. You have to take your evidence to court and ask a judge to release you or make a rent adjustment.



You are NOT entitled to live there for free. And yes, if you don't pay rent for this month, you would be receiving free rent.



No, they city can't "take their house from them" as long as they've paid their property taxes. Yes, it's possible the house is not fit to live in, but again, YOU are not the authority on this. You haven't arranged for a health department or private inspection and you haven't taken your evidence to court.



You signed a CONTRACT. You can be held to the terms of the contract unless either your landlord takes mercy on you or you go to court or are told you cannot live there by the health department.



It was YOUR responsibility to inspect the house before you signed the contract.
loanmasterone
2016-04-20 06:25:06 UTC
In order to break this lease, it must be agreeable. Your landlord has not agreed to allow you to break the lease without a penalty. Your landlord did not seem to mind that you would be breaking the lease. Once you move and is no longer living in the rental unit, you will discover that your landlord do mind.



Your landlord is not able to tell you what to do in this situation. If you want to break the lease, you should be prepared for the financial penalties and possible being sued.



You are not legally allowed to withhold rent based on repairs needed to your rental unit. By withholding the rent, your landlord is able to give you a notice to pay or quit (Move). If you fail to move based on this notice, your landlord is able to file for a legal eviction signed by a judge.



This legal eviction would be listed on your credit credit report for 7-10 years. Since this eviction notice would be listed on your credit report, you would have a difficult time getting approved for any rental unit you would apply for.



If you break the lease, you will not get your deposit returned to you. In all probability your landlord will keep the deposit to apply to any rent you are planning not to pay as well as any damage found in the rental unit after you leave.



If the deposit does not cover any unpaid rent and damages found in your rental unit you could be sued for the

difference, in small claims court, by your landlord.



It appears as if you failed to inspect the rental unit prior to moving in. In most instances you would have found most of these items in need of repair



The mold you claim to be in the rental unit is probably mildew. Mildew is not a health hazard and is easily removed with a household cure or one you might purchase at your local hardware store.



The cost of the utility bills are determined by the amount of the utility you use.This has nothing to do with your landlord. You really want out of this lease agreement because you are not able to afford the utility bills. Your inability to pay these debts is not a reason for you to void the lease agreement.



The question is not if this house may be legally rented to someone, the question is why did you rent this house without inspecting it. If you did inspect it why did you not find the deficiencies?



If you feel as if this is a health hazard, you should contact the city health and safety department and report these things to them so they would send an inspector to inspect the items.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"
G
2016-04-19 14:17:09 UTC
The landlord doesn't seem to mind, because when you break the lease (regardless of all the issues which I'm sure are intolerable, and probably a health hazard), they get to sue you for the remainder of the rent payments, and likely keep your deposit too. Your recourse is to get the property deemed a health hazard and move out without liability for the lease.
?
2016-04-21 07:20:25 UTC
If the landlord is willing to let you terminate your lease early without penalty, good for you. However, do NOT expect to live there without paying rent. Your assorted complaints are not any sort of legal reason to not pay your rent. If you do not pay rent for the time you live there, you face court action, and you will lose that court case.
LILL
2016-04-19 14:17:20 UTC
When you had the house professional tested for mold, what do their report state? When you called the health department about the "unlivable" conditions of the home, what did they say?



If both parties do not agree, in writing, to break the lease. Then only a judge can make that determination.



If you fail to follow state laws, you can expect not only to lose your deposit, but to also be sued for the full duration of the lease. I suggest you get yourself a very good real estate lawyer.
acermill
2016-04-19 14:04:25 UTC
If the landlord is willing to let you terminate your lease early without penalty, good for you. However, do NOT expect to live there without paying rent. Your assorted complaints are not any sort of legal reason to not pay your rent. If you do not pay rent for the time you live there, you face court action, and you will lose that court case.
Towanda
2016-04-19 22:52:22 UTC
You need to check out apartments a lot better before you move in. Check for the leak...turn off all water and mark your water meter, go back very shortly and see if the little needle has moved. That proves it is on the house's side. Do you have a running toilet or drippy faucet...that can run up your bill. I doubt you have leaking gas so that sorta blows your story and it seems you just want out. Now you want to get the owner in trouble. You don't get the deposit back. YOu need proof in case you end up in court. Get the water company out to verify a leak. Get the gas company out to see if there is a leak. You can also call the health department and have them come out to check what you say but be prepared for consequences. If there was black mold, didn't you see it before you moved in? Mold can be killed by spraying a 50/50 bleach/water solution on it. If it wasn't there when you moved in, could it be you haven't cleaned correctly to get rid of the mold? Usually when you move into a cheap apartment, you get what you pay for and so don't move in and then say fix it up. It isn't going to happen.
?
2016-04-19 14:54:50 UTC
Take pictures of the bad stuff first to document it and then take them to small claims court to fight it after you have moved. You may have to move into a family member or freind's house rent a trailer, stay at a homeless shelter, buy you tent and live in the woods or rent a hotel room somewhere in the meantime.
Maxi
2016-04-19 14:20:56 UTC
You may think the landlord doesn't mind, you will see when you don't pay rent nor will you get your deposit back, what you will get is a letter from the court and a court date as the landlord will sue you for unpaid rent and breaching your contract...and will win
?
2016-04-19 13:58:35 UTC
Dude. Just frickin leave. In reality, you will have to take whatever punishment you get for breaking the lease. All your excuses mean squat. But, clearly you have to move. So do it.
Jenny
2016-07-13 08:28:16 UTC
Rent To Own Home - http://RentToOwnHome.uzaev.com/?NuXu
?
2016-04-19 20:55:34 UTC
I would like to say that If rent is already past due, you can not withhold it. Pay this month. Give your notice and leave. Learn the difference between black mold (dangerous but rare) and mildew. Sounds like mildew to me instead of mold.
2016-04-19 14:08:05 UTC
I dont expect to live here and not pay rent, i dont want to live here at all. And im pretty sure MOLD is a ******* health hazard and the city could take their house from them until it is legally livable. How do yall not understand this??
Frankie
2016-04-19 18:03:01 UTC
If rent is already past due, you can not withhold it. Pay this month. Give your notice and leave. Learn the difference between black mold (dangerous but rare) and mildew. Sounds like mildew to me instead of mold.
?
2016-07-11 21:24:04 UTC
Rent-To-Own Home - http://RentToOwnHome.uzaev.com/?HBLv
Slickterp
2016-04-19 15:55:56 UTC
You are there, you owe the rent.


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