Help-Any truth to LL claims?

[NiceTenant]

Hello. My lease expires at the end of December but I'm moving to a new apartment at the beginning of November. This new apartment was a last-minute find even though I avoided paying my rent this month. I did that because I know this LL doesn't refund security deposits. I got this apartment thru my uncle, who lived here before me. He lived in it for 3 or 4 years. It had been totally renovated when he first moved in. Because it was so-so quality renovation and because he had 3 kids, the apartment was relatively worn by the time he moved out. The wood floors were worn and black. So when he was moving out, the LL refused to refund my uncle evn part of the deposit on the claim that they had damaged the apartment. At the same time, he wasn't happy renting it to me because he wanted to raise the rent higher than I was willing to pay. In the end, though, he let me have the apartment at a little less rent than he wanted, but he didn't fix a thing in the apartment. He didn't even paint it. At the same time, he left the apartment closed for the entire month that my uncle moved out, not giving back his deposit and not letting us move in.

Now that I broke my lease with him (just informed him today), he tells me that he is going to screw up my credit because we owe him October, November, and December, plus he is going to take us to court. He also says that if there is any damage to the apartment, he will add that to his case against us. I told him the apartment is in better shape now than when I first moved in because he did absolutely nothing to the apartment. He had even seen the vinyl tiles I installed in the hallway and that we had painted the apartment ourselves. But he told me that since I had signed the lease, that meant that I was acknowledging that the apartment was in good condition. Of course that made me so angry. I had no proof that he refused to fix up the apartment but at the same time I don't see where it says that the apartment is in perfect condition. Also, he wants me to pay the October rent, and when I asked him if he would then give me back the deposit, he says that the purpose of the deposit is to make sure I honor the contract. He asked me to fax him a letter stating that I will be leaving the apartment. Should I do that? I know he will use it against me, but does it make a difference whether I write a letter or not? Plus are his claims true? I don't care if he screws up my credit. I can't let him intimidate me like that. But do I stand a chance if this does indeed get to court?

[Phil Cohen]

Is he saying that he will waive payment of rent for November and December? If so, and if you can get that in writing, I would pay October rent. If he won't put that in writing? Well, technically you owe him for October, and possibly November and December unless he rents it before then. Given the economic incentive, you'd think he would want to do that.
Why not find a someone willing to sublet it for Nov-December?

[NiceTenant]

OK. Thank you. I'll go ahead with the letter-writing. I guess the more succinct, the better.

[Phil Cohen]

That last remark was unwarranted. This tenant is reacting to a hard-nosed landlord who screwed the previous tenant out of his security deposit. His or her withholding of rent was justifiable, if risky.

[NiceTenant]

That's a very interesting comment, Fair Spectator. I never mentioned why I wanted to move out, not that it matters. I have always paid my rent, and even though my LL has been very narrow-minded, I never even deducted the cost of the repairs I made (which he was supposed to make) from my rent. No one should be forced into giving up a good find just to stay out their lease in place they don't want to be. This is legal blackmail. In this city where supply is greater than demand, LL won't have trouble renting a vacant apartment. He should be happy because now he can rent the apartment for a higher rent than I would have paid by renewing the lease.

[Phil Cohen]

This tenant raised a good question and the purpose of this board is to address it, not to question his or her ethics.

Suffice to say tenants have to break leases all the time. Whether that causes problems for LLs is beside the point. The LL has ample legal remedies and in most instances is able to profit handsomely from the situation.