Question:

Breaking a six month apartment lease?

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I just moved into a new apartment but since I've moved in, I've heard loud arguments going on at night, food smells that bother me and started to see roaches when I don't leave any food around after three days. Also, street parking is impossible and it would cost me $65 a month. The parking lot is too far for me and somewhere you wouldn't want to walk at night.

This is my first apartment so I was too concerned over the interior of the apartment more than the environment which was a rookie mistake.

What happens if I give my 30 day notice now? I would be willing to negotiate for a 3 month lease and month-to-month basis from there.

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6 ANSWERS


  1. Either your case is: the place based upon roaches and violence is not safe in health and body and you seek to break the lease and move immediately, you can not try and make the above argument then request to stay at month to month, it does not work that way  


  2. The best thing to do is talk it over with the owner/landlord and see if you can pay for the listing to list apt again and find someone to take over your lease we are in a house that is the same way. Hope that Helps.

  3. If you take a look at you lease agreement they give you a relenting charge on it.  Usually that's 1 or 2 months rent.  That's the charge to break your lease.  Also, if you're having a problem with pests or insects, you can contact the health department and have them inspect the complex.  

  4. Basically you need to give 30 day notice first and might need to prepare to lose one month rent.

    If you can find someone on craigslist to replace you and suggest the landlord for him/ her to take over yoru lease, then you don't have to worry about breaking the lease.

  5. The Many Legal Reasons to End a Lease

        You can legally end the lease for several reasons, one of which may apply in your case. Review the ones that apply to you:

    1. Uninhabitable conditions, which only need to affect habitability, not necessarily unlivable, and which may include:

        a. Infestations of cockroaches, rats, or other vermin

        b. Noxious odors, such as from sewage leaks, mold and mildew, dead rats in the walls, pigeons nesting in the attic

        c. Noisy neighbors in your building, or

        d. Criminal activity in the building or neighborhood, such as drugs and gangs

    2. An illegal unit, such as an illegally converted garage, basement, or attached structure you're living in [a common situation]

    3. Government closing down the building, due to:

        a. severe illegalities, such as construction without proper building permits, a dangerous structure, and zoning violations

        b. fire or other structural damage [red or yellow tagging]

        c. earthquake, flooding, or other natural disaster damage [red or yellow tagging], or

        d. demolition by the government, such as for Redevelopment goals, eminent domain, tax lien sale, drug-related confiscation

    4. Death, severe hospitalization, incarceration, or insanity of the tenant  [your legal representative would handle this]

    5. Bankruptcy of the tenant [Chapter 7, or abandoning the lease in a Chapter 11 or 13 Bankruptcy proceeding ]

    6. The person who rented it to you may not have had the right to do so, because:

            a. The person was not the owner, or authorized by the owner, to lease it [a scam used by some con-men]

            b. The person was an unlicensed property manager, whose contracts are void [there are many of these]

            c. The person was a tenant, who was not authorized to sub-lease or assign the place to you by their rental agreement, or

            d. The business entity that is supposed to be your landlord doesn't legally exist [such as a corporation, that isn't one]

    7. The lease may be tied to a job on the premises, which you quit, such as a resident manager, grounds keeper, etc.

    8. The landlord lost the land by foreclosure, and the bank or new owner took over, but you haven't paid rent to them, yet.

    9. The lease is oral, but is for more than a year by its terms, making it void under the Statute of Frauds as a legal matter.

    If you are having these problems then you may be able to end the lease.  

  6. Try to find someone to take over your lease and propose to your landlord that they let you out since you're bringing a new tenant.  Make sure you don't sublease but get out all together and have the new tenant sign a lease directly with the landlord.

    Short of that you'll have to negotiate with the landlord to let you out sooner, else be prepared to pay for the remaining period of your lease.  Good luck!

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