Help me break my lease without being financially punished
January 25, 2012 8:31 AM Subscribe
I have lived in an absolute shit apartment in Ohio for almost 3 years and it's time to get out. This will require me to break my lease. How much notice (absolute minimum) am I required to give a landlord before moving out? How do I avoid being financially punished for the lease-breaking (as in, not paying for the remaining months on my lease and I also want my damn security deposit back).
Lots of details inside for those interested.
Hi, all. This seems like my year for legal issues.
Here's the apartment details. I live in Cincinnati, Ohio in a one-bedroom single-occupant apartment. The lease is a one-year lease, starting from July. I have lived here for nearly three years (July of 2009 - present). I am a good renter; I have always paid my rent on time, in full. I have not damaged anything in the apartment, caused problems (noise etc.) or done anything to jeopardize my lease. The apartment building is an old (early 1900s) hotel that is cool but, well, old—flat roof, about 45 units in total, 3 floors. I am third floor. In short, the apartment is shit and I have tried constantly for the past 3 years to get them to fix things. In detail, please see the following two paragraphs (feel free to skip).
About a week after I moved in the power went off on our block and I noticed that the emergency lights in the hallway did not work. I called and they supposedly fixed it (I haven’t checked since). A week after I moved in the ceiling in my bedroom fell in (a small chunk –maybe 1 ft^2) after heavy rain. Soon after my bedroom window (N side of apartment) began leaking around the frame, the bathroom/shower window (W side of apartment) began leaking, and a leak developed in the ceiling of the living room (W side of apartment). The bathroom leak has gotten progressively worse it seems. The bedroom is still pretty bad (i.e. when it rains outside it rains inside) but has slightly improved since their last ‘fix’. In addition to the windows, recently (within the last half of 2011) the drywall in the NW corner of my bedroom wall has begun to disintegrate due to water damage, just below where a chunk of the ceiling fell in. I have made many, many calls about the windows leaking. Response used to be somewhat prompt but most times I call in the past year the answer is “we can’t work on the roof until it’s dry.” The last two times I’ve called I’ve made sure to tell them I know they can’t work on it when it’s dry, but that I want a follow-up when it IS dry to know that they’re doing something about it. They’ve never called back. My complaints about the drywall and asking what they intend to do about it have mostly been answering machine messages. I have called three times on that issues and never gotten any response whatsoever.
I have never had bedbug issues before, but within a month of moving in (August 2009) I had bedbugs. My mattress is wrapped in 3 layers of impenetrable plastic and is now ruined. The bedbug problem persists today, or at least the last sighting/biting was on January 17th. They have come and sprayed repeatedly. Multiple units in the building have a consistent history of bedbug issues. They do unit-by-unit inspection and spraying rather than whole-building spraying.
I filed notice for rent escrow in November 2009 by sending them a letter and myself a letter (to have on file) with all of the appropriate paperwork, citing bedbugs primarily and leaky roof secondarily. I did not follow through with this threat because they ‘fixed’ the bedbug issue and were working on the roof. Also these were dry months so the leaks were less pronounced. There was a decent portion of 2010 (~5 months) where I did not have a problem with bedbugs. I have also had cockroaches but frankly those are the least of my worries, they can pretty much do whatever they want at this point as far as I’m concerned.
No attempt (or even lip service) was ever made to compensate me financially or otherwise for my time in cleaning/preparing the apartment for spraying or the excess money (easily $100, probably more like $300) spent on redundant cloth laundering in order to kill potential bedbugs and eggs. Let alone the inconvenience of living out of plastic bags and losing sleep due to late-night biting for essentially 3 years.
Legally speaking, I have been ramping up for potential court time by collecting evidence of the apartment’s condition (mostly photos/videos of the ruined drywall, window leaking, blood stains on sheets from bedbugs, actual bedbug carcasses). I have also done an air-quality mold test and got one kind (white, I have no idea what it is but could send in the test for analysis--$40, ugh).
Ohio legal housing code is here. Relevant sections to my knowledge are 5321.04 A and 53271.07 A and B in particular. These should apply based on the condition that the landlord has failed to fulfill obligations to provide a “fit and habitable” environment. Of course I’m not sure exactly what “fit and habitable” necessarily means but I think I have a pretty good case here.
I have already told the landlord (two weeks ago) that I will not be renewing my lease and they’ve been showing the apartment. Apartments are very hard to find at the moment because this is near the university, and most leases end in July/August. I have been apartment hunting since the beginning of January when I had the last straw of being bit by a bedbug not 5 minutes into the new year. I found a new apartment yesterday that I can move into and would like to do so as soon as possible.
So. I know I need to send notice that I am breaking the lease and the reasons why to my landlord, but I can’t find information on the MINIMUM notice required. I could be out of my old apartment by February 1st but this is incredibly short notice and I am worried that could have repercussions.
Can I get my security deposit back provided I clean the apartment well upon vacating, and if so, how can I ensure this? I have not spoken to my landlord re: this issue because I wanted to have all of my things in order (new apartment lined up etc.) first.
Do you think I will have to pay up the remaining months on my lease if I break it (February or March – August; approximately $3600)? Because I can’t do that. If this is any risk at all I would appreciate advice on how to avoid it.
And of course, I acknowledge that none of you are my lawyer. I have had some trouble finding the appropriate helpful agencies (renter’s associations?), so if anyone has that information it might be helpful as well in case I have to go that route.
Thanks in advance.
Hi, all. This seems like my year for legal issues.
Here's the apartment details. I live in Cincinnati, Ohio in a one-bedroom single-occupant apartment. The lease is a one-year lease, starting from July. I have lived here for nearly three years (July of 2009 - present). I am a good renter; I have always paid my rent on time, in full. I have not damaged anything in the apartment, caused problems (noise etc.) or done anything to jeopardize my lease. The apartment building is an old (early 1900s) hotel that is cool but, well, old—flat roof, about 45 units in total, 3 floors. I am third floor. In short, the apartment is shit and I have tried constantly for the past 3 years to get them to fix things. In detail, please see the following two paragraphs (feel free to skip).
About a week after I moved in the power went off on our block and I noticed that the emergency lights in the hallway did not work. I called and they supposedly fixed it (I haven’t checked since). A week after I moved in the ceiling in my bedroom fell in (a small chunk –maybe 1 ft^2) after heavy rain. Soon after my bedroom window (N side of apartment) began leaking around the frame, the bathroom/shower window (W side of apartment) began leaking, and a leak developed in the ceiling of the living room (W side of apartment). The bathroom leak has gotten progressively worse it seems. The bedroom is still pretty bad (i.e. when it rains outside it rains inside) but has slightly improved since their last ‘fix’. In addition to the windows, recently (within the last half of 2011) the drywall in the NW corner of my bedroom wall has begun to disintegrate due to water damage, just below where a chunk of the ceiling fell in. I have made many, many calls about the windows leaking. Response used to be somewhat prompt but most times I call in the past year the answer is “we can’t work on the roof until it’s dry.” The last two times I’ve called I’ve made sure to tell them I know they can’t work on it when it’s dry, but that I want a follow-up when it IS dry to know that they’re doing something about it. They’ve never called back. My complaints about the drywall and asking what they intend to do about it have mostly been answering machine messages. I have called three times on that issues and never gotten any response whatsoever.
I have never had bedbug issues before, but within a month of moving in (August 2009) I had bedbugs. My mattress is wrapped in 3 layers of impenetrable plastic and is now ruined. The bedbug problem persists today, or at least the last sighting/biting was on January 17th. They have come and sprayed repeatedly. Multiple units in the building have a consistent history of bedbug issues. They do unit-by-unit inspection and spraying rather than whole-building spraying.
I filed notice for rent escrow in November 2009 by sending them a letter and myself a letter (to have on file) with all of the appropriate paperwork, citing bedbugs primarily and leaky roof secondarily. I did not follow through with this threat because they ‘fixed’ the bedbug issue and were working on the roof. Also these were dry months so the leaks were less pronounced. There was a decent portion of 2010 (~5 months) where I did not have a problem with bedbugs. I have also had cockroaches but frankly those are the least of my worries, they can pretty much do whatever they want at this point as far as I’m concerned.
No attempt (or even lip service) was ever made to compensate me financially or otherwise for my time in cleaning/preparing the apartment for spraying or the excess money (easily $100, probably more like $300) spent on redundant cloth laundering in order to kill potential bedbugs and eggs. Let alone the inconvenience of living out of plastic bags and losing sleep due to late-night biting for essentially 3 years.
Legally speaking, I have been ramping up for potential court time by collecting evidence of the apartment’s condition (mostly photos/videos of the ruined drywall, window leaking, blood stains on sheets from bedbugs, actual bedbug carcasses). I have also done an air-quality mold test and got one kind (white, I have no idea what it is but could send in the test for analysis--$40, ugh).
Ohio legal housing code is here. Relevant sections to my knowledge are 5321.04 A and 53271.07 A and B in particular. These should apply based on the condition that the landlord has failed to fulfill obligations to provide a “fit and habitable” environment. Of course I’m not sure exactly what “fit and habitable” necessarily means but I think I have a pretty good case here.
I have already told the landlord (two weeks ago) that I will not be renewing my lease and they’ve been showing the apartment. Apartments are very hard to find at the moment because this is near the university, and most leases end in July/August. I have been apartment hunting since the beginning of January when I had the last straw of being bit by a bedbug not 5 minutes into the new year. I found a new apartment yesterday that I can move into and would like to do so as soon as possible.
So. I know I need to send notice that I am breaking the lease and the reasons why to my landlord, but I can’t find information on the MINIMUM notice required. I could be out of my old apartment by February 1st but this is incredibly short notice and I am worried that could have repercussions.
Can I get my security deposit back provided I clean the apartment well upon vacating, and if so, how can I ensure this? I have not spoken to my landlord re: this issue because I wanted to have all of my things in order (new apartment lined up etc.) first.
Do you think I will have to pay up the remaining months on my lease if I break it (February or March – August; approximately $3600)? Because I can’t do that. If this is any risk at all I would appreciate advice on how to avoid it.
And of course, I acknowledge that none of you are my lawyer. I have had some trouble finding the appropriate helpful agencies (renter’s associations?), so if anyone has that information it might be helpful as well in case I have to go that route.
Thanks in advance.
Best answer: This is not legal advice, and I am not your lawyer.
Consult a lawyer in your jurisdiction. A quick google search turns up Cincinnati Legal Aid for tenant's rights issues. If you are ineligible for their services, they can probably point you in the right direction.
Speaking from general principles, though, if you break a lease because the landlord has failed to meet the local standard of habitability, you don't have to give advance notice--but the standard is high. It's not necessarily did they provide you a nice place to live, it is, in some cases, is this the kind of place that no human could live in. Tenant's rights laws are not equally strong in all jurisdictions; it the NE they're typically stronger. A lawyer in your jurisdiction would be able to give you guidance on your location.
I would advise not taking any steps until you get legal advice. In most jurisdictions, if you just move out mid-lease (regardless of the notice you give), you are legally liable to the landlord for the rent until your lease is up, or (if earlier) the landlord re-leases your apartment to someone else. If your lease ends 12/31, it does not matter that you gave them 3 month's notice before breaking your lease; if they can't find another tenant, you're on the hook until 12/31. You may be able to assert that the landlord did not actively attempt to find a new tenant ("compounding the damages"), but you'd likely have to establish that in court.
Typically, the notice thing comes up when you're telling the LL that you don't want to renew, and typically, this is spelled out in your lease. My last lease said 2 months, but that will vary by landlord and by jurisdiction.
Again, IANYL, I am not a lawyer in your jurisdiction, this is not legal advice, and you should consult your own lawyer before taking any steps.
posted by Admiral Haddock at 8:47 AM on January 25, 2012 [2 favorites]
Consult a lawyer in your jurisdiction. A quick google search turns up Cincinnati Legal Aid for tenant's rights issues. If you are ineligible for their services, they can probably point you in the right direction.
Speaking from general principles, though, if you break a lease because the landlord has failed to meet the local standard of habitability, you don't have to give advance notice--but the standard is high. It's not necessarily did they provide you a nice place to live, it is, in some cases, is this the kind of place that no human could live in. Tenant's rights laws are not equally strong in all jurisdictions; it the NE they're typically stronger. A lawyer in your jurisdiction would be able to give you guidance on your location.
I would advise not taking any steps until you get legal advice. In most jurisdictions, if you just move out mid-lease (regardless of the notice you give), you are legally liable to the landlord for the rent until your lease is up, or (if earlier) the landlord re-leases your apartment to someone else. If your lease ends 12/31, it does not matter that you gave them 3 month's notice before breaking your lease; if they can't find another tenant, you're on the hook until 12/31. You may be able to assert that the landlord did not actively attempt to find a new tenant ("compounding the damages"), but you'd likely have to establish that in court.
Typically, the notice thing comes up when you're telling the LL that you don't want to renew, and typically, this is spelled out in your lease. My last lease said 2 months, but that will vary by landlord and by jurisdiction.
Again, IANYL, I am not a lawyer in your jurisdiction, this is not legal advice, and you should consult your own lawyer before taking any steps.
posted by Admiral Haddock at 8:47 AM on January 25, 2012 [2 favorites]
I'm out of time right now to address the other parts of your question but have you taken a look at Legal Aid Society of Greater Cincinnati: Tenant Representation? Googled it based on your profile's location. If that happens to be the wrong city, what's your location? I had lots of similar issues with a previous landlord and can help you find resources for advice it that's helpful.
posted by snowysoul at 8:48 AM on January 25, 2012 [1 favorite]
posted by snowysoul at 8:48 AM on January 25, 2012 [1 favorite]
Do you think I will have to pay up the remaining months on my lease if I break it (February or March – August; approximately $3600)? Because I can’t do that. If this is any risk at all I would appreciate advice on how to avoid it.
I can only speak from my perspective having rented in NY, but generally one is liable for the entire period of the lease signed. (You don't actually say if they give you a new lease every year or not - that's pertinent information that would help people advise you.)
The landlord may or may not feel it worthwhile to take a person who has broken a lease to small claims court. Landlords who don't feel it's worthwhile to pursue legal action might simply decide to keep the renter's entire security as a consolation prize (I've known people who broke their lease and made that trade-off, abandoning their security, and gotten away with it without further harassment from the ex-landlord). But bottom line is that if one has a signed lease for the current year, it's a signed legal contract.
--ObDisclaimer: I am certainly not a lawyer.--
posted by aught at 8:55 AM on January 25, 2012
I can only speak from my perspective having rented in NY, but generally one is liable for the entire period of the lease signed. (You don't actually say if they give you a new lease every year or not - that's pertinent information that would help people advise you.)
The landlord may or may not feel it worthwhile to take a person who has broken a lease to small claims court. Landlords who don't feel it's worthwhile to pursue legal action might simply decide to keep the renter's entire security as a consolation prize (I've known people who broke their lease and made that trade-off, abandoning their security, and gotten away with it without further harassment from the ex-landlord). But bottom line is that if one has a signed lease for the current year, it's a signed legal contract.
--ObDisclaimer: I am certainly not a lawyer.--
posted by aught at 8:55 AM on January 25, 2012
Response by poster: I don't know off of the top of my head and the lease is at my apartment, but I am fairly sure that my lease is renewed on a YEARLY basis. So yes, I'm about 80% certain that I am locked into the remainder of this year ('til August) on the lease.
Thanks Admiral Haddock and snowysoul for the links... I'll look into those right away.
posted by six-or-six-thirty at 9:03 AM on January 25, 2012
Thanks Admiral Haddock and snowysoul for the links... I'll look into those right away.
posted by six-or-six-thirty at 9:03 AM on January 25, 2012
Good luck! There's nothing worse than living someplace nasty.
posted by Admiral Haddock at 9:09 AM on January 25, 2012
posted by Admiral Haddock at 9:09 AM on January 25, 2012
Response by poster: Okay, I LIED! I found a scanned copy of my lease. Somehow I completely missed this section before.
Holdover by tenant:
If Tenant remains in posession of the premises with the consent of the Landlord after the natural expiration of the lease, a new tenancy from month to month shall be created between the Landlord and the Tenant which shall be subject to all the terms and conditions hereof but shall be terminable on thirty (30) days written notice served by either party.
I don't know how I missed this before and feel like a bit of an idiot. So this essentially means I can serve them 30 days notice right now and move out at the end of February?
posted by six-or-six-thirty at 9:11 AM on January 25, 2012 [3 favorites]
Holdover by tenant:
If Tenant remains in posession of the premises with the consent of the Landlord after the natural expiration of the lease, a new tenancy from month to month shall be created between the Landlord and the Tenant which shall be subject to all the terms and conditions hereof but shall be terminable on thirty (30) days written notice served by either party.
I don't know how I missed this before and feel like a bit of an idiot. So this essentially means I can serve them 30 days notice right now and move out at the end of February?
posted by six-or-six-thirty at 9:11 AM on January 25, 2012 [3 favorites]
You need to read the Ohio landlord-tenant code, or whatever it calls its version of the document. It probably doesn't have a "get out of slumlord free" card waiting for you to find, but it will include handy information like the maximum penalty you can bear for breaking the lease, what violations allow you to break the lease penalty-free, your state's standard on month-to-month versus year-to-year renewals, and the like.
posted by Holy Zarquon's Singing Fish at 9:12 AM on January 25, 2012
posted by Holy Zarquon's Singing Fish at 9:12 AM on January 25, 2012
....or you could do that, yes. Under those terms, at any time you can vacate the premises and owe nothing but the next rent payment.
And speaking of the financial end, good luck with the security deposit.
posted by Holy Zarquon's Singing Fish at 9:13 AM on January 25, 2012
And speaking of the financial end, good luck with the security deposit.
posted by Holy Zarquon's Singing Fish at 9:13 AM on January 25, 2012
Yeah, it sounds like you can give 30 days notice at any time and get the hell outta Dodge.
posted by Justinian at 9:14 AM on January 25, 2012
posted by Justinian at 9:14 AM on January 25, 2012
But what does this mean: "after the natural expiration of the lease" ?
posted by sugarbomb at 9:15 AM on January 25, 2012
posted by sugarbomb at 9:15 AM on January 25, 2012
I have already told the landlord (two weeks ago) that I will not be renewing my lease and they’ve been showing the apartment.
might this count as notice?
posted by changeling at 9:22 AM on January 25, 2012
might this count as notice?
posted by changeling at 9:22 AM on January 25, 2012
Best answer: Again, IANYL, and this is not legal advice--call those Legal Aid people!
Because HOLD ON! Holdover tenancies arise after a lease term ends. So if your lease runs until 12/31 and you DON'T sign a new lease but continue to hang around and pay rent, and the landlord's all, "Ok, man whatever"--you have a holdover tenancy. If the old lease had language in there like this, you would have a month to month tenancy.
BUT: if you have a lease that ends 12/31 and then sign a NEW lease ending 12/31 of the next year, you are NOT a holdover tenant. You have a lease for a "term of years" (regardless of the length of the lease--it does not need to be multiple years).
If you have a lease, you are bound by the lease. So, if you signed a new 1-year lease starting July 2011 running to July 2012, you don't have a month to month lease.
I don't know all your facts, I don't have your lease, and I am not your lawyer, or a lawyer in your jurisdiction. This is not legal advice--consult your own lawyers! But make sure you have a lawyer read your lease before you do anything.
posted by Admiral Haddock at 9:25 AM on January 25, 2012 [5 favorites]
Because HOLD ON! Holdover tenancies arise after a lease term ends. So if your lease runs until 12/31 and you DON'T sign a new lease but continue to hang around and pay rent, and the landlord's all, "Ok, man whatever"--you have a holdover tenancy. If the old lease had language in there like this, you would have a month to month tenancy.
BUT: if you have a lease that ends 12/31 and then sign a NEW lease ending 12/31 of the next year, you are NOT a holdover tenant. You have a lease for a "term of years" (regardless of the length of the lease--it does not need to be multiple years).
If you have a lease, you are bound by the lease. So, if you signed a new 1-year lease starting July 2011 running to July 2012, you don't have a month to month lease.
I don't know all your facts, I don't have your lease, and I am not your lawyer, or a lawyer in your jurisdiction. This is not legal advice--consult your own lawyers! But make sure you have a lawyer read your lease before you do anything.
posted by Admiral Haddock at 9:25 AM on January 25, 2012 [5 favorites]
If you've had to renew your lease every year (like, they send you a letter and sign agreeing to extend the lease for another 12 months), then you're not really month-to-month. If you haven't gotten any lease extension things like that, then you probably are month-to-month at this point.
My current apartment is a one-year lease. At the end of the year, I have the option of signing up for another year or going month-to-month at a higher rent. Other places I've lived just automatically went to month-to-month after the lease period expired, so it can differ. But, that's California.
posted by LionIndex at 9:25 AM on January 25, 2012
My current apartment is a one-year lease. At the end of the year, I have the option of signing up for another year or going month-to-month at a higher rent. Other places I've lived just automatically went to month-to-month after the lease period expired, so it can differ. But, that's California.
posted by LionIndex at 9:25 AM on January 25, 2012
But what does this mean: "after the natural expiration of the lease" ?
It just means the expiration date of the original term in the contract, so the last day of the one-year lease.
posted by beagle at 9:26 AM on January 25, 2012
It just means the expiration date of the original term in the contract, so the last day of the one-year lease.
posted by beagle at 9:26 AM on January 25, 2012
Response by poster: Alright, so based on everyone's comments and the damn lease and my surprising lack of reading comprehension when originally reading it...
It sounds like I am a holdover tenant as per Admiral Haddock's description.
I will be calling Legal Aid now. Hopefully I'll find out that I can ship out at end February.
Thanks so much for all of the advice thus far.
posted by six-or-six-thirty at 9:38 AM on January 25, 2012 [1 favorite]
It sounds like I am a holdover tenant as per Admiral Haddock's description.
I will be calling Legal Aid now. Hopefully I'll find out that I can ship out at end February.
Thanks so much for all of the advice thus far.
posted by six-or-six-thirty at 9:38 AM on January 25, 2012 [1 favorite]
Take the lease, the emails you sent, a record of all the calls you've made, and whatever you had for the escrow notice, to either legal aid or that tenant group. My gut says you can leave on the 1st of March (since two weeks ago was the 10th), but they are cheap/free and way more qualified than I am on so many levels it's basically indescribable.
I also think the tenant group can help you faster, but I'm used to dealing with the Ohio State law school student housing clinic and off-campus housing office, who are kind of awesome and super experienced.
posted by SMPA at 10:01 AM on January 25, 2012
I also think the tenant group can help you faster, but I'm used to dealing with the Ohio State law school student housing clinic and off-campus housing office, who are kind of awesome and super experienced.
posted by SMPA at 10:01 AM on January 25, 2012
Just chiming in re: security deposit. IANAL but as I understand it, in my state security deposit and rent are very separate things and LL cannot retain the security deposit (if you haven't damaged the place) to make up for rent.
posted by probably not that Karen Blair at 10:10 AM on January 25, 2012
posted by probably not that Karen Blair at 10:10 AM on January 25, 2012
Seems like this is covered, but a tip for the future:
Once your first year at an apartment is up, don't sign a new lease unless there's something in it for you. Being on month-to-month is to your advantage, as we see here, and I haven't heard of a landlord kicking someone out if they want to stay and pay rent.
Because of the way the market has changed, a few years ago I told my landlord I would sign a new lease for another year if the rent was reduced by $175/month. They agreed, and I still pay that rent and now I'm month-to-month again.
posted by drjimmy11 at 1:17 PM on January 25, 2012
Once your first year at an apartment is up, don't sign a new lease unless there's something in it for you. Being on month-to-month is to your advantage, as we see here, and I haven't heard of a landlord kicking someone out if they want to stay and pay rent.
Because of the way the market has changed, a few years ago I told my landlord I would sign a new lease for another year if the rent was reduced by $175/month. They agreed, and I still pay that rent and now I'm month-to-month again.
posted by drjimmy11 at 1:17 PM on January 25, 2012
Once your first year at an apartment is up, don't sign a new lease unless there's something in it for you. Being on month-to-month is to your advantage, as we see here, and I haven't heard of a landlord kicking someone out if they want to stay and pay rent.
Not to nitpick, but in my experience don't count on it. Some landlords are happy to keep you on month-to-month, but my landlord (and the landlords I know personally) will not consider it. It really does depend on the market, as well as the relationship between landlord and tenant.
Also, my understanding of the security deposit is that (in Ohio, anyway) it is to protect the landlord against damages AND unpaid rent. One thing I would also advise is that if the landlord tries to charge against the security deposit for undue rent or damages, do not cash the check. Cashing the check means you accept the terms and weakens any further action.
posted by sm1tten at 5:08 PM on January 25, 2012
Not to nitpick, but in my experience don't count on it. Some landlords are happy to keep you on month-to-month, but my landlord (and the landlords I know personally) will not consider it. It really does depend on the market, as well as the relationship between landlord and tenant.
Also, my understanding of the security deposit is that (in Ohio, anyway) it is to protect the landlord against damages AND unpaid rent. One thing I would also advise is that if the landlord tries to charge against the security deposit for undue rent or damages, do not cash the check. Cashing the check means you accept the terms and weakens any further action.
posted by sm1tten at 5:08 PM on January 25, 2012
Response by poster: Okay. So as a follow up...
I called Legal Aid, which took me until right now to get through (they apparently have a ridiculously high call volume).
I was not really given an answer as to whether or not I am a 'holdover' tenant (which is understandable as they don't know all the details and apparently neither do I).
However, the advice I was given pretty much assumes I am not holdover. Essentially I was told that I need to call the Health or Building Department to schedule an inspection. Without an inspection I was told Legal Aid cannot help me.
IF the inspection results in them finding that it is an 'unsuitable living environment' I am required to give my landlord 30 days notice before I initiate rent escrow. Even though I've threatened escrow before, the instant you come out of escrow (or me having never technically gone into it) you have to start the process all over again, no exceptions.
I asked if I could not bother with rent escrow and simply break my lease and move out. I was told flat-out no. I cannot break my lease.
I am planning to go down to my landlord's office tomorrow and just straight-up ask what my options are for leaving the apartment because frankly I am too frustrated to care anymore. I don't trust them for any honesty based on my previous experiences but I don't know what else I can do. If I'm not a holdover tenant (or even if I am?) it basically seems like I am screwed. Living conditions really suck but I'm willing to bet the health department wouldn't call it uninhabitable.
Anyway. I'll keep you guys updated.
posted by six-or-six-thirty at 9:47 AM on January 26, 2012
I called Legal Aid, which took me until right now to get through (they apparently have a ridiculously high call volume).
I was not really given an answer as to whether or not I am a 'holdover' tenant (which is understandable as they don't know all the details and apparently neither do I).
However, the advice I was given pretty much assumes I am not holdover. Essentially I was told that I need to call the Health or Building Department to schedule an inspection. Without an inspection I was told Legal Aid cannot help me.
IF the inspection results in them finding that it is an 'unsuitable living environment' I am required to give my landlord 30 days notice before I initiate rent escrow. Even though I've threatened escrow before, the instant you come out of escrow (or me having never technically gone into it) you have to start the process all over again, no exceptions.
I asked if I could not bother with rent escrow and simply break my lease and move out. I was told flat-out no. I cannot break my lease.
I am planning to go down to my landlord's office tomorrow and just straight-up ask what my options are for leaving the apartment because frankly I am too frustrated to care anymore. I don't trust them for any honesty based on my previous experiences but I don't know what else I can do. If I'm not a holdover tenant (or even if I am?) it basically seems like I am screwed. Living conditions really suck but I'm willing to bet the health department wouldn't call it uninhabitable.
Anyway. I'll keep you guys updated.
posted by six-or-six-thirty at 9:47 AM on January 26, 2012
I was told flat-out no. I cannot break my lease.
This is nonsensical to me. You always can break your lease - the only question is how much you'll owe your landlord as a result.
posted by Holy Zarquon's Singing Fish at 9:58 AM on January 26, 2012
This is nonsensical to me. You always can break your lease - the only question is how much you'll owe your landlord as a result.
posted by Holy Zarquon's Singing Fish at 9:58 AM on January 26, 2012
Response by poster: Oh. In addition, while trying to find out which departments exactly I'm looking for I stumbled (finally!) across the Hamilton County building code, which I'd looked for before and couldn't find (I didn't look for the county--I was looking for 'Ohio' or 'Cincinnati'). Here (pdf).
According to this:
Waterproofing and Dampproofing Requirements
General: All rooms which are used for residence purposes in which there is evidence at any time that the floors, ceiling or walls are damp by reason of leakage, excessive condensation or any other cause which renders such rooms unfit for habitation, or where such rooms do not comply with all other applicable provisions of this Code, shall be made waterproof and dampproof and brought into compliance with this Code.
Maintenance of Interior Walls, Floors and Ceiling
Cleanliness: All walls, ceilings, floors and woodwork of any room or hall shall be kept free of large holes, large cracks, loose, flaky, peeling, unclean or insanitary conditions. Whenever required by the director of buildings and inspections, all old wall coverings shall be removed from the rooms or halls and the walls and ceilings
thoroughly cleaned and then repapered or painted.
So I might be okay after all, although if they come fix it within the 30 days I'm still stuck with the place.
To note, I can't find the health code so I can't speak to that aspect yet.
posted by six-or-six-thirty at 10:02 AM on January 26, 2012
According to this:
Waterproofing and Dampproofing Requirements
General: All rooms which are used for residence purposes in which there is evidence at any time that the floors, ceiling or walls are damp by reason of leakage, excessive condensation or any other cause which renders such rooms unfit for habitation, or where such rooms do not comply with all other applicable provisions of this Code, shall be made waterproof and dampproof and brought into compliance with this Code.
Maintenance of Interior Walls, Floors and Ceiling
Cleanliness: All walls, ceilings, floors and woodwork of any room or hall shall be kept free of large holes, large cracks, loose, flaky, peeling, unclean or insanitary conditions. Whenever required by the director of buildings and inspections, all old wall coverings shall be removed from the rooms or halls and the walls and ceilings
thoroughly cleaned and then repapered or painted.
So I might be okay after all, although if they come fix it within the 30 days I'm still stuck with the place.
To note, I can't find the health code so I can't speak to that aspect yet.
posted by six-or-six-thirty at 10:02 AM on January 26, 2012
Response by poster: This is nonsensical to me. You always can break your lease - the only question is how much you'll owe your landlord as a result.
It was to me too, and I asked twice to be sure that's what she meant. She was pretty adamant. That's why I'm pretty much giving up on asking more or less random people and plan on going to the landlord and simply asking. I suppose this is something I should have done before, but again I don't trust them and prefer not to deal with them at this point if I don't have to.
I still think she just meant I couldn't break it without financial recourse, but she wouldn't actually say that.
posted by six-or-six-thirty at 10:04 AM on January 26, 2012
It was to me too, and I asked twice to be sure that's what she meant. She was pretty adamant. That's why I'm pretty much giving up on asking more or less random people and plan on going to the landlord and simply asking. I suppose this is something I should have done before, but again I don't trust them and prefer not to deal with them at this point if I don't have to.
I still think she just meant I couldn't break it without financial recourse, but she wouldn't actually say that.
posted by six-or-six-thirty at 10:04 AM on January 26, 2012
Response by poster: Hi, all.
I went in this morning to talk to the landlord and he wasn't there, but the secretary informed me that my lease--because it was in a 'college neighborhood' or for some reason like that--was run as a yearly lease despite the very misleading section in my original lease.
So! I am signed in to the lease until August. This out of the way, though, when I discussed my responsibilities with the secretary I mentioned calling someone to come inspect the building. And this made everyone backtrack very quickly. It was kind of crazy in that there was a very sudden change of attitude in the place and they were all very adamant that I should wait until I could discuss it with the landlord.
So, after a full day of waiting my landlord got back to me I just got a call from a different secretary stating that we can have a mutual termination. So I'm in the clear and will be moving out on March 1st.
I am wondering though if I still have some responsibility to call the housing department about the building? It was moreso their reaction to the suggestion.
At any rate, I'm good to go. Thank you so much for all your help.
posted by six-or-six-thirty at 3:05 PM on January 27, 2012 [2 favorites]
I went in this morning to talk to the landlord and he wasn't there, but the secretary informed me that my lease--because it was in a 'college neighborhood' or for some reason like that--was run as a yearly lease despite the very misleading section in my original lease.
So! I am signed in to the lease until August. This out of the way, though, when I discussed my responsibilities with the secretary I mentioned calling someone to come inspect the building. And this made everyone backtrack very quickly. It was kind of crazy in that there was a very sudden change of attitude in the place and they were all very adamant that I should wait until I could discuss it with the landlord.
So, after a full day of waiting my landlord got back to me I just got a call from a different secretary stating that we can have a mutual termination. So I'm in the clear and will be moving out on March 1st.
I am wondering though if I still have some responsibility to call the housing department about the building? It was moreso their reaction to the suggestion.
At any rate, I'm good to go. Thank you so much for all your help.
posted by six-or-six-thirty at 3:05 PM on January 27, 2012 [2 favorites]
This thread is closed to new comments.
Also, check into sub-letting. If they have someone that will move in right away after you leave, you should be able to make some sort of arrangement.
posted by rich at 8:39 AM on January 25, 2012