How To Get Out Of An Apartment Lease ?

Question

Back in January I renewed a lease for an apartment complex I am in near my college. My old roommates decided to switch to other schools and I was assigned new random roommates for the new year (starting this month). While nice, they are not a very good match for me and it will be a rough year if I have to stay here.

I looked through the lease looking for any clauses that would allow me to get out of the lease, although it's pretty protective of landlord.

There were only two things that caught my eye:

1) One line in the lease states "Landlord covenants and warrants to tenant that landlord has full right and lawful authority to enter into this lease for the term hereof and that, provided tenant is not in default hereunder, tenant's quiet and peaceable enjoyment of the premises shall not be disturbed by anyone claiming through landlord."

Does this mean if it is too loud here for me I am out of my lease? I know I can file noise complaints to the office, but I hear they do not do anything about noise complaints except put them in a folder pretty much.

2) This may be an abusive way out of the lease, but it's the only other thing I noticed. The renewal option deadline was January 31, 2008 as stated on the lease. There is a line regarding the term that states

"...tenant shall have the right to extend the term to 12 months and to renew this lease by providing written notice to landlord in such form as landlord shall require on or before the renewal option deadline set out in the general terms above."

I (the tenant) am the only person to have signed the lease by that date - the guarantor and office had not dated the lease until a week late, and the first line states the lease was entered in on feb 6, 2008.

The only other issue regarding this option is back before they provided leases (they didn't have the leases available - sometime in December) they gave out a notice 'intent to return 2008-2009' that had to be signed by December 31 or else additional fee's would apply. This probably counts as written notification of renewing the lease to them, and it would have been before the renewal date.

I'm trying to sublease, but most people seem to have already found a place to live at this point. Subleasing would be the best option, but if the situation continues to get worse, I'd love another way out of the lease - even if it is a bit cheap.

Answer 1

If your roomate agreed to you leaving, you could sign off of the lease, however, he or she would have to pay your portion.  You can sign off of the lease really at any time, but the landlord has the right to take your entire security deposit and charge you your portion of the rent until the apartment is leased by someone else.  

The noise thing will not work in a timely manner.  Theoretically, you have to give the landlord time to remedy the problem, you can't just up and leave.  Contact your housing court if you have that kind of time on your hand.  Your rent will go into escrow until a decision has been made.

EDIT:  Wow!  A thumbs down!  I must be wrong. . .Oh yeah!  I forgot to mention that I am a Certified Occupancy Specialist at an apartment building.  I definately know what I'm talking about.  Also, peaceful enjoyment DOES mean that your neighbors have to keep noise at a level that does not disturb you.  It comes straight out of our house rules that way.

Answer 2

In my college affiliated complex, if you do not get along with your roomates, you can ask to be assigned to another apartment in the same complex with no penalty on your behalf. Talk to the owners, see what they say. They might suggest a meeting with the roomates first or something, but give it a shot. In the mean time, keep up with the subleasing. You can try to post on Facebook (it will go to EVERYONE who is in your college network), or even craigslist.org. They have a section for sublease I believe- if not, just put it under the rent section. Definitely talk to the owners/managers in the front office because they are there to help. Good luck! Campus Affiliated (where you each sign a separate lease) is totally different than any other apartment complex. I lived in a regular apartment last year, but then moved into Campus Affiliated this year. I honestly like the regular complex better... but it's easier to get out of a Campus Affiliated apartment.  

Answer 3

"Quiet and peaceable enjoyment" is a legal term, and does not mean anything close to what you think it means.  It has NOTHING to do with noise levels, and everything to do with not being repeatedly interrupted in the privacy of your dwelling by the landlord and/or his agents.

Your assumption of the legal meaning of this term is not unusual, but is quite incorrect.

Answer 4

Using the hook of differing dates won't hold much water.

Your only option is "if it is too loud here for me I am out of my lease." However, you will need to document this with ample proof, such as letters of support from neighbors, police reports and anything thing else you can use to show objective proof.

The other hook is if they smoke dope, bring underage girls around or drink if they are under 21. These three are great to generate police reports. Simply call 911 if they do any of that stuff.

One monkey wrench you can throw is to find out who they support for president and hang posters for the other guy and maybe have nightly support meetings for him. That'll p1$$ them off.