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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46304
Experience:  Attorney with 29 years of experience.
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I have been living in this apartment for about 8 months now

Resolved Question:

I have been living in this apartment for about 8 months now and Im on a 1 year lease. I want to move for many many reasons and in my lease im told I need to give 60 day notice plus pay an extra months rent before leaving. The reasons I have to leave are due to mold, lack of maintenance response to on going problems and a VERY bad environment with drug use and on going fights outside. Also not being able to leave my apartment to take my dogs outside because of men always in the parking lot making comments to me. I fear for my life, I fear of getting robbed and for my car getting wrecked if I say anything to them. Several different times Ive had intoxicated strangers knock on my door and only leave after hearing my dog bark. I can not stay here any longer. My question is what can the management do to me if I give only a 30 day notice and make this next rent check my last one, which with be tomorrow 10-01-2010. Thank you so much! Maxine..
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good evening Maxine. You have two courses of recourse. One, with each rental come an implied warranty of habitability, which includes the peaceful, quiet and safe enjoyment of your premises. Given your facts, which you should carefully document in a notebook so you don't have to rely totally on memory should your allegations later be disputed, the landlord has violated this implied warranty of habitability...this results in the landlord being in default and gives you a right to terminate without further obligations. You should send the landlord notice that you are terminating due to the breach of this implied warranty. Two, even if your claim is challenged and you should lose, as soon as you give your landlord notice that you are terminating, the landlord has a duty to mitigate...meaning the landlord must use reasonable efforts to re-let the property. Once re-let, or if the landlord does not use reasonable efforts to re-let, you have no further financial obligations to the landlord.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 4 years ago.
Thank you for your answer. That dose help me alot. My only concerns is my landlord fighting it, becuase my husband is in the navy and I would hate for my landlord to go to his chief. That would result in him getting in trouble. My lease is only 1 page long and the last subject is waver of jury trial, I should of known with just that to not move in. would I be able to make this rent check my last one and move out NOv. 1st knowing im in the right and do you think I have enough problems with maintenance and environment to where I could win if they decide to fight it? Also with the warranty of habitability, I can not find anything about that in my lease, dose that matter?
Expert:  Richard replied 4 years ago.

You're welcome. The waiver of jury trial doesn't really hurt you...a judge is going to apply the law which is in your favor. Yes, you can pay this month and then move out in Nov.....I think if the landlord fights this, given your facts, that you will prevail. Also, the implied warranty of habitability will not be in your lease...it is an imputed warranty with every lease...it need not be stated. :) Thanks to your husband for keeping us all safe and you take care!

 

I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

Customer: replied 4 years ago.
Thank you! Im so sorry but I have just one more question for you, you have been such a help to me. My question is, What do I have to do to obtain a legal letter to enclose with my 30 day notice stating these facts? Ps. My husband loves doing do he does and thank you!
Expert:  Richard replied 4 years ago.
You're more than welcome! You don't really need a legal letter...it is sufficient that you give them a written notice that you have consulted legal counsel who has informed you have a right to terminate the lease due to the landlord's default resulting from the breach of the implied warranty of habitability. Then inform him that you are giving him notice you are thereby terminating the lease effective Oct. 31, 2010. If he gives you any troubles over this, check back with me. Deal? :)
Customer: replied 4 years ago.
Okay deal. Thanks again SO much. I cant wait to get myself into a safe place soon. Im not really sure how to say thank you and accept the answer at the same time, silly me. So I promise if you send anything back I will press accept, I just wanted to say thank you once again :)
Expert:  Richard replied 4 years ago.
You're the best! Have a great evening!
Richard, Attorney
Category: Legal
Satisfied Customers: 46304
Experience: Attorney with 29 years of experience.
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