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We have recently gone through a management company change at…

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We have recently gone through...
We have recently gone through a management company change at our apartment complex where we have been renting for almost two years. We were not notified of the change until we tried to log on to the complex's website to pay the rent but it was no longer operating. I went to the main office to find out what was going on and was told that a new management company is now in charge and that I would have to pay with a money order to the new management company. Immediately, we noticed certain services and amenities were no longer available and things were being neglected. We are no longer comfortable living here and want to move but there are certain penalties for breaking our lease. How can I get out of this lease without paying the two months rent penalty?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 11 minutes by:
2/26/2016
Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37,876
Experience: I have handled Real Estate and Landlord Tenant matters for more than two decades.
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Good afternoon Stephen,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been an attorney for more than 30 years and I handle landlord tenant law.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Do you rent from the apartment complex or possibly from an owner of the apartment that resides elsewhere?

2. Are the amenities that have been lost set out as part of your apartment in the rental agreement?

3. How quickly to vacant apartments rent in your complex?

4. When does your lease end?

5. What services and amenities are no longer available?

6. What about the complex is being neglected?

Thanks in advance,

Doug

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Lawyer: LawTalk, Attorney replied 2 years ago

Good afternoon,

Do you still need help? I can't assist you or otherwise answer your questions without your assistance in providing me addition information about your situation.

Doug

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Customer reply replied 2 years ago
Hi Doug,1. We rent from a large apartment complex and the new management company is Greystar.
2. No, the amenities were not listed in the lease contract.
3. We would like to start looking for a new residence now and move in April(5 to 6) weeks
4. Lease ends June 30 2016
5, 6. a. Gym towels no longer provided. b. Business center equipment not functioning( no internet, printer not working). c. Garbage bins not being emptied regularly and are overflowing with garbage. d. Website for maintenance and rent payments was not functioning for two months and there was not enough staff in main office to deal with complaints as person is usually out on Tour showing apartments to potential new tenants. e. The maintenance phone number was no longer working and we had to wait two days with a broken A/C before we were able to get it fixed. f. Our electrical panel box has a problem when we use our hairdryer or iron. We lose electricity and we are concerned for our electronics.Thanks for your assistance and adviseStephen
Lawyer: LawTalk, Attorney replied 2 years ago

Good afternoon,

Sorry for the delay, I just got off the phone with another customer. You didn't mention whether you are agreeable to have me call you----the only additional cost is $5. Florida law in this area of breaking a lease is rather complex and it would be to your benefit to have a conversation with me as opposed to going forward in written format.

Let me know.

Doug

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Customer reply replied 2 years ago
Hi Doug, I prefer to do things in writing. Thanks
Lawyer: LawTalk, Attorney replied 2 years ago

Hi,

Alright, that is up to you.

You asked: How can I get out of this lease without paying the two months rent penalty?

You probably cannot. Florida law allows the landlord to just let the apartment sit and bill you for the lease payments until the end of the lease. You are either going to have to try and break the lease based on all the things going wrong----which will end you up in court, or you can pay the penalty and the company will let you out. But if you pay, you won't know whether you can win in court.

The amenities were not contracted for and you have no legal right to seek to compel them. The maintenance issues pose a question of habitability and that is how you would approach breaking the lease---for breach of contract and failure to provide habitable conditions in which to live.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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Lawyer: LawTalk, Attorney replied 2 years ago

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you change your mind and would like a phone call to further discuss these issues you have raised, I will make that offer to you again. You are certainly not obligated to accept a call offer, but most people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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Customer reply replied 2 years ago
Thanks Doug, but you did not tell me how to get out of the lease. You simply told me that I probably can't without paying the penalty.
Lawyer: LawTalk, Attorney replied 2 years ago

Good afternoon,

I did explain how you can go about trying to get out of your lease. I explained the law to you, including the fact that you simply cannot break a lease in FL----but I also explained how to attack the lease and try to get out early-------and that is what you asked for.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

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