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Is there a way to get out of this lease without penalty?

 
 
JennMcK
 
Reply Thu 3 Jan, 2013 02:10 pm
Short version- I have learned my lesson about signing a lease assuming everything would be what they said it would. A year is up April 8 but the lease is through May 31st. I just got a job in MD with a 1.5 hour commute and I need to move. I was ok waiting until April, but not June. Anyway, there has been sooo much crap this guy has pulled. I waited over a month for the initial repairs to be made. I was told it would be done within the week and I do have email conversations confirming that. They let my security deposit check expire (from April) and then recently demanded I get a new one issued immediately, I emailed the property manager about a large crack in the bathroom ceiling and a leak on the ceiling over a month ago with no response. When they do get repair guys out there, they are either hours late or they no show which has happened three times. They have a Homeowner's warranty which they didn't inform me about so I have to pay repair fee up front and wait to be reimbursed or I don't get the repair. I NEVER agreed to that and they never told me about it. Among many other things, I am at my wits end. The rent is crazy for dealing with this crap. I have everything in email correspondence. I need out of this lease ASAP and am looking for the best way to proceed without any penalty to me. Please help!
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Type: Question • Score: 2 • Views: 1,925 • Replies: 3
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jcboy
 
  1  
Reply Thu 3 Jan, 2013 02:22 pm
@JennMcK,
Maybe you should talk to your property manager now and tell him what you just told us, they might be able to lease the apartment before your lease is up and not hold you to the extra month. Or because of the bad service let you out of the lease a month early. Doesn’t hurt to ask.
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PUNKEY
 
  1  
Reply Thu 3 Jan, 2013 02:48 pm
If you leave early, they most likely will keep the security deposit.

Is that OK with you?

They probably won't be upset too much if you leave one month early AND keep the security deposit.

You decide.
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roger
 
  1  
Reply Thu 3 Jan, 2013 02:57 pm
@JennMcK,
First, checks do not expire. They may carry the printed notice something like "Not Valid After 90 Days", but that will not prevent a bank from cashing it. If you replace it, they will be holding two valid checks signed by you. Also, most landlords and property managers cash the check immediately, and record it as a liability.

As to the nonperforming landlord, that may or may not be a valid reason to terminate the lease. You have to ask yourself if the legal expense and your time are worth the possible gain.
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