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Posted by Badruddin Charania on July 16, 1997 at 13:48:47:

In Reply to: Re: I NEED HELP TO GET OUT FROM MY APT... posted by TenantNet on July 16, 1997 at 12:14:55:

Sorry for the uppercase,
Thanks for the answer
: : 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
: : THERE.
: : PLEASE SOME ONE CAN HELP ME TO RESOLVE THIS ISSUE
: : THANKYOU...

: 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
: landlord.

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Comments:
: Sorry for the uppercase,
: Thanks for the answer
: : : 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 
: : : THERE.
: : : PLEASE SOME ONE CAN HELP ME TO RESOLVE THIS ISSUE
: : : THANKYOU...

: : 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
: : landlord.


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