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Posted by TenantNet on October 11, 1996 at 11:23:41:

In Reply to: Breaking a Lease posted by Anonymous on October 11, 1996 at 10:06:16:

: I have recently moved in to an apartment and over the last couple of months
: have found that a number of things were misrepresented to me. These include
: amenities such as the completion of a roof top deck, the availability of
: underground parking (it is there, but the managment will not allow anyone to
: use it now), the presence of "onsite" managment (which is not). As well, the
: management company continually would ignore my requests for work and has taken
: excessive number of contacts for them to perform the smallest bit of maintenance.
: The common areas of the building are not cleaned (and from what I can tell,
: the hallways haven't been cleaned once in three months).
: Additionally, there have now been a number of instances that make me concerned
: about the safety of the area including: three car break-ins in the parking lot in
: 2 months, suspected gang members loitering in the alley (at the entrance/exit of the
: parking lot) and last night topped it off, I was taking my dog out and observed a
: drug deal on the sidewalk in front of the building.
: Do I have any claim to breaking my lease as a result of my fear for my safety and
: the misrepresentation by the building managment?
: Thanks in advance.

It may depend where you are located (state laws differ), but it appears
that you have a Warranty of Habitability problem (lack of maintnenance,
repairs, etc.) and also that certain things (which I hope you can
document) were promised either in your lease or promotional material.
This could possibly constitute a "breach of lease" by the owner. I
suggest you put them on notice in writing before you pursue moving,
but if you do, and if they come after you, said breach of lease is your
defense. They may also have to mitigate their damages by trying to
re-rent the place.

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Comments:
: : I have recently moved in to an apartment and over the last couple of months
: : have found that a number of things were misrepresented to me.  These include
: : amenities such as the completion of a roof top deck, the availability of
: : underground parking (it is there, but the managment will not allow anyone to
: : use it now), the presence of "onsite" managment (which is not).  As well, the
: : management company continually would ignore my requests for work and has taken 
: : excessive number of contacts for them to perform the smallest bit of maintenance.
: : The common areas of the building are not cleaned (and from what I can tell, 
: : the hallways haven't been cleaned once in three months).  
: : Additionally, there have now been a number of instances that make me concerned
: : about the safety of the area including:  three car break-ins in the parking lot in
: : 2 months, suspected gang members loitering in the alley (at the entrance/exit of the
: : parking lot) and last night topped it off, I was taking my dog out and observed a 
: : drug deal on the sidewalk in front of the building.  
: : Do I have any claim to breaking my lease as a result of my fear for my safety and 
: : the misrepresentation by the building managment?  
: :     Thanks in advance.

: It may depend where you are located (state laws differ), but it appears
: that you have a Warranty of Habitability problem (lack of maintnenance,
: repairs, etc.) and also that certain things (which I hope you can 
: document) were promised either in your lease or promotional material.
: This could possibly constitute a "breach of lease" by the owner. I
: suggest you put them on notice in writing before you pursue moving,
: but if you do, and if they come after you, said breach of lease is your
: defense. They may also have to mitigate their damages by trying to
: re-rent the place.



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