Posted by TenantNet on July 16, 1997 at 12:14:55:
In Reply to: I NEED HELP TO GET OUT FROM MY APT... posted by Badruddin Charani on July 14, 1997 at 14:01:58:
: HI FOLKS:
: I NEED HELP ON BREAK MY CURRENT LEASE, BECAUSE MY WIFE DONT LIKE THE
: AREA OR BUILDING. VERY DIRTY BUILDING PLUS VERY BAD AREA .HOW CAN I
: BREAK THE LEASE I HAVE 9 MORE MONTS TO GO BUT WE DON'T WONT TO LIVE
: PLEASE SOME ONE CAN HELP ME TO RESOLVE THIS ISSUE
First, please don't use all caps -- it's annoying. That your wife does not
like the area is not sufficient cause to break a lease (legally). If the owner
is not compying with code or with what the lease requires in terms of
maintenance and other things, then you could claim that he was the one who
breached the lease, which means you could abrogate the obligation. Tenants
are responsible for the rent for the term of the lease, payable monthly,
but the lease can be breached and terminated by either party on certain
conditions -- read the fine print of the lease and talk with a laywer.
In some areas, if a tenant moves and if the owner wants to pursue the tenant
for the unpaid rent, he must show he tried to "mitigate his damages" -- his
economic loss --- and he does this by actively trying to rerent the unit.
Obviously, if he rerents, then he's suffered no loss and you're off the hook.
If he fails to try to rerent the unit, then (if your area follows this), your
defense in a suit would be that. In some cases you can find a new tenant to
take over (assign the lease) or sublet, or you could negotiate with the
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