Ask MetaFilter questions tagged with Lease

How to wash my hands of this lease?

Anonymous — Mon, 21 Dec 2009 07:45:25 -0800

Breaking my lease: landlord barely making an effort and raising the rent. What are my chances in court? YANML, I want to know where I stand before I start pouring lawyer money after rent money. Pennsylvania, since that's probably applicable.

I gave my landlord ~2 months notice I'd be breaking my lease. He's decided to raise the rent $100/month ($1100->$1200) which we feel is not at all competitive given other listings in the area. The not-as-newly-rennovated place directly next door is renting for $1050/month.

He has put minimal effort into advertising -- he's posted a total of 2 posts on craigslist over the past two months.

We're posting on a daily basis, showing the apartment a few times a week -- and time and time again, every person that we follow up with mentions that the rent is the sticking point. There have been at least two people that have said they would have taken the place at our rent, but not at the new rate. We have this in writing (email).

For what it's worth, we've tried to communicate with him regularly -- stopping paying rent is not our first choice, but we've gotten nowhere talking to him. The landlord is the owner of the house and previous resident. He is/was a great and friendly guy, but turned positively *icy* when we told him we were moving. Sorry dude, getting a new job is not personal.

Right now he has our 'last months' rent + a security deposit. I'm *very* tempted to stop paying him rent when I move out, because I don't feel he's making a good faith effort to rent the place out. Is this an awful idea? If it comes to court, do I stand a chance? I just can't afford to pay rent on an empty apartment he's making minimal effort to rent out.

Two good reasons to break a lease

beefetish — Fri, 18 Dec 2009 13:27:51 -0800

My lease expires May 15. I need to be in another city the first week of March. My housemate and I want to move out ASAP because our neighborhood sucks. Please advise. More details inside. I plan on breaking my lease anyway because of a job offer in another city- housemate would also be moving at this time, so there's no roommate drama.

However, two attempted break-ins and one suspicious guy loitering in our alleyway last night have tipped our feelings about the neighborhood from "rough but not a clear and present danger" to "why do these people want to break into our house so badly" -- it looked like the same guys trying to get into our house each time. Called the cops each time, cops said, oh yeah, high school students have been breaking into houses all over the place for drug money, nothing we can do. Being hit three times in one week is pretty fucked up so we want to move. Ordinarily I'd find some folks to replace us on the lease but i don't want any of my friends getting their shit jacked. There has been an uptick in violence in the neighborhood the last couple months and it has officially become old.

Dad advises finding a new place, eating the damage deposit, and moving, but not paying the rent on the old place. This strikes me as potentially foolhardy. Is there any way of prematurely terminating our lease without being on the hook for two rents until May?

Alternatives to selling my car

Anonymous — Tue, 24 Nov 2009 15:58:29 -0800

SuperDumbIdeaFilter: Alternatives to selling my car... like leasing it? I'm moving to an urban area and will not be needing my car in the foreseeable future (save the occasional use that a car-sharing service would make sense for). I will be a bit poor during the transition period, which just underscores the fact that it does not make economic sense to keep my car: car payments + insurance + maintenance + gas + parking = ditch it!

Problems with this plan: I love my car. I don't want to get rid of it. I want to use it occasionally, at least down the road. In I'll be much more willing and able to afford the costs associated with it.

Is it really, really dumb to consider anything other than 'sell it'? I know just letting the car sit in a lot/driveway rotting and uninsured is a bad idea. A family member does need a car long-term temporarily (i.e. the mirror of when I need to not have a car). Could I lease it to them? Is that legally feasible (reasonably feasible, not just possible)? Is it a really horrible idea? Most likely they would pay less than I owe monthly, but I'm not averse to paying some of the monthly payment if I don't have to pay for all the rest of the associated costs (and eventually get the car back and paid off).

How ridiculously bad of an idea is all this?

(Please: no "don't mix family and money" -- I'm not ignoring that, but that's not what I'm asking about.)

email: cantbeartopartwithmysubaru@gmail.com

Help us put Starbucks out of business, for a week.

yom3ts — Mon, 23 Nov 2009 19:06:00 -0800

Any tips on a short-team lease of retail space in Manhattan? Brainstormfilter: Modeled after the costume shops that pop up for a month or so around Halloween and then disappear, combined with the down retail market, we're considering a short-term lease of a small commercial space to get the word out about our brand and products. The idea would be to offer freebies to attract a crowd (did someone say free cup of coffee?), and use the space as a showroom for our equipment and for our salespeople to make some quick contacts.

Granted, Manhattan's real estate market isn't experiencing the same horrors as some other parts of the country, but if we're ever going to do this, now has to be the time. Any tips/info on leasing retail space for as short as a few weeks to a few months, tops?

Can a joint lease be easily broken?

fogonlittlecatfeet — Mon, 09 Nov 2009 17:10:50 -0800

what are the possible repercussions of breaking a joint lease? situation -
Boy moves in with girl who is already leasing an apartment. He is put on the lease after the fact. Boy wants to break up with girl and move out.
Can she now sue him? And if so what legal leg does she have to stand on?
How do apartment complexes usually handle this sitution. it has to be a very common one.

Would it be different if they had signed the lease at the same time and moved in together?

The oven that broke the camel's back

fireoyster — Sat, 07 Nov 2009 13:58:55 -0800

Our brand new rented townhouse keeps breaking. What, if anything, should we ask for? Back in June, my family moved into a new construction townhouse in a suburb and, since then, things keep breaking and the landlord is slow to get stuff fixed. Some of it is "minor:" not cleaning the off-white carpets from between when the live-in general contractor moved out and we moved in; some of the travertine tiles crumbling at their corners, a couple of sinks pour water on the floor (due to the spout not being forward enough relative to the sink bowl) if not turned on full-blast; one of the sinks has a stream of rust along the bottom of its spout.

However, some stuff has been "major:" brand new (I watched them unpack it) refrigerator died and he couldn't be bothered to get to it until the next afternoon, taking two trips (the next brand new fridge also broke) to fix it; garage door shorted out; air conditioner isn't balanced on the top floor; and, most recently, the oven has decided to break and will not shut off the heating elements, eventually either popping the breaker or getting hotter until I kill the breaker myself. The landlord has eventually, and in some cases partially, fixed the major problems, but new ones keep popping up.

We're paying $1850/month for this house, which is on the high side for this area and already a several hundred dollar discount off the "retail" price because the units weren't leasing. We thought it was worth it for all the space, location, and the "newness," so we moved in. However, all the maintenance problems are beginning to grate on us and make this place seem like it's not worth the high price we're paying. Add to it that I work nights, so staying up for maintenance is a pain, and we're ready to move. People drive by the complex periodically, though less often lately, asking if any units are available, and we're tempted to say "here, take ours!"

tl;dr question: In this situation, where maintenance is slow, problems keep happening, and the landlord is apparently distracted by other projects, what are the pitfalls of asking to bail on the lease? The landlord holds the majority of the cards and can say "no," in which case we stay until the end, and, if so, any tips for negotiating something else, like a rent credit or something?

What are my best options if I only need a car for a year or less?

frippsie — Wed, 04 Nov 2009 04:34:03 -0800

My car lease is ending soon. I thought I wouldn't need a car for any longer than my lease terms. But now I do. What are my best options if I only need a car for a year or less? I only got this car because I accepted a job and moved to a city where a car is necessary for reliable transportation. I didn't expect to be here for longer than two years because my job is very stressful, and I see it as a stepping stone to something better. (I don't want to get sidetracked as to why I'm still here, but rest assured it's not the situation I want to be in.) I'm leaving my current job in a year's--or less--time. I would most likely be relocating to a place where I don't need a car at all.

However, I do still require reliable transportation for the rest of the admittedly indefinite time I am here. So should I get a new lease, buy out my current lease, buy a different car, or what?

Complications: I don't have the cash to buy my leased car outright--I'd have to get a loan. I don't want to be stuck with trying to unload the car in the middle of a lease or before the loan is paid off. Unfortunately, public transportation and walking/bike riding aren't good options for me. I do carpool sometimes, but I don't want to be begging rides 100% of the time.

I know this sounds a bit all over the place...that's why I hope AskMe can help me think about this more clearly, and hopefully offer some good suggestions! Thanks in advance.

Help me get rid of an unwanted guest

Anonymous — Sun, 01 Nov 2009 15:34:44 -0800

I'd like to know how to deal with an unwanted "guest" living in an apartment that I'm paying rent for. This is my situation:
I am renting an apartment with my ex-boyfriend, Mark (both our names are on the lease). I am no longer living there but I am continuing to pay half of the rent. Mark found someone to move into my old room and began collecting money from this person. Mark lied to the new roommate about the amount of rent and bills and ended up charging him over 50%. This was in addition to the 50% that I was paying at the time. In other words, Mark avoided paying any rent/bills and managed to make a tidy profit. When I found out about the new roommate, he was surprised to discover that the amount of rent/bills were not what Mark had told him.

I spoke with a housing adviser on campus who told me that the new occupant should actually be subletting off of me, since he'd been living in my old room. The problem got even more complicated when this new roommate refused to reimburse me for the remaining months of my lease and refused to sign any sort of sublet agreement. Instead, he insisted on paying the money directly to Mark and having Mark pay the money to me - despite the fact that Mark had shown himself to be a bit of a scam artist.

I've spoken to a police officer and the landlord and both have told me that I'm not able to have the new roommate removed since he's considered a "guest" of Mark's. So, now I'm left with having someone living in the room that I'm currently paying for. I'm worried that I'll be liable for any damage caused by the new roommate.

Is there any suggestions for having this person removed or forcing them to pay me for the room that I am renting? Also, the new roommate is a recipient of government disability and both Mark and the new roommate signed a form falsely indicating that the total rent paid to the landlord was more than it really was (although the new roommate didn't know this at the time). If I fail to report this, would I be considered an accessory to fraud?

P.S. If it's relevant, we're located in London, Ontario. Throwaway email: ontariotenantproblems@gmail.com

Lease AFTER moving in?

2bucksplus — Tue, 27 Oct 2009 09:58:23 -0800

New York City apartment question: Is it normal for my broker to tell me I will receive hard copies of my lease a "couple of weeks" after moving in? I found an apartment with a November 1st move in date in New York City. Everything was going well and I received two copies of the lease to review and sign. Initially I was told one copy of the lease would be returned to me within about 48 hours, signed by the management company. Now I am being told I should move in on the 1st and wait for a copy to be mailed to me within a couple of weeks.

Is this normal? It makes me feel very uncomfortable. Both the broker company and the landlord are large well known companies in the NYC area. Is there any law I can quote on this? What else should I do, besides getting everything in writing?

How do I rent my empty room out?

Night_owl — Wed, 21 Oct 2009 10:10:00 -0800

Trying to rent a room in a home in New Orleans. What's my problem, and what am I missing? My boyfriend bought a 3 bedroom house in a nice area. One of the bedrooms is being rented by a friend, and we would like to (read: kind of need to) rent out the third bedroom. None of our friends are looking for housing. I've tried to post on CL, listing monthly rent, what's included, how awesome we are, etc. I included two ways to contact us, email and phone, and promised pictures by email. Not a thing, and it's been two weeks. I'm getting worried now that I'm going about this all wrong. How best to seek out renters for a room in a home?

Related, where can I find a lease agreement for this sort of situation? We have a pretty bare-bones one for the friend, but I would like something more substantial and protective of all parties involved.

breaking a lease in new york for job-related reasons

saraindc — Wed, 14 Oct 2009 17:35:00 -0800

My friend was laid off several months ago in NY and can no longer afford her lease. I've heard that for job-related reasons (such as moving for a new job) that you can break a lease legally, does anyone know about this? What have the many others who must have found themselves in this situation done? Clearly its not so easy to find someone else to take over your lease as a lot of people have lost their jobs and can't afford a lease. Please help us!! Thanks!

New owner/old lease

ian1977 — Tue, 06 Oct 2009 18:38:59 -0800

Does my new landlord have to honor my old lease? I live in an 8 unit building and I am 6 months into a year lease. About a week ago I had a note on my door saying my building is now owned by Such and Such Company and to please send my rent there.

Now tonight I come home to another note saying that the new company wants 2 things from all tenants. One is whether or not we have a garage. Fine no problem.

The other is....since the previous owner didn't give the new company any of the original paperwork (huh?) could we please kindly fill out the rental application by Friday. This includes basic stuff (name, employer, etc) but also signing off on their right to do background check, credit check, etc. It also has a thing you fill out for a rental reference that they would send to an old landlord. The letter does state that this info is 'simply for our records and files.'

I looked at my old lease. Its typical boilerplate generic lease....it does have one paragraph about 'Lease is Subject to Mortgage' and says that, for example, should the property be foreclosed on, the new owners rights are superior to the rights of the tenant.

So here are my questions:

Why am I filling out the rental application? Ostensibly its just so they have one on file. Thats fine and dandy if thats all it is....but is that really all it is?

The whole 'lease is subject to mortgage' thing. Does anyone know what that means in practice? Is the new owner likely to void my lease because i don't fit their idea of a perfect tenant?

Do new owners typically honor the remainder of old leases?

Any other advice? It seems like the company is just doing pretty standard stuff, the place is going from ma and pa ownership to McRental Corp...so it makes sense that the company wants everything on THEIR paperwork. But then why I am giving them permission to do a background check, credit check etc? I already have the apartment, I am not applying for one. I guess I am just asking, is this a red flag situation?

Need formula to calculate a lease rate factor from a %.

thinktwice — Thu, 24 Sep 2009 18:05:45 -0800

Need formula to calculate a lease rate factor from a %. I'm not quite sure why I can't get a straight answer on this. So here goes.
Equipment lease have some variables.
Term in months/yrs i.e. 24, 26, 48, 60, 72
Advance payments 0,1,2 (mostly first month or first and last)
end of lease term option $1 Purchase Option, FMV, 10 PUT etc...
Rate factor (usually expressed as a 4-6 digit decimal)

For the purposes of discussion of this specific problem we will be using a 36 month lease, $1 Purchase option, 2 advance payment lease, and 11% rate. Equipment price will be $10,000 as when we get the monthly payment the rate factor can easily be obtained by moving the decimal 4 places to the left. i.e. $300.00 gives a rate factor of .0300.

Using a FinLease calculator from ParanzaSoft we get a monthly payment of $318.91 or rate factor of .0319

Using the FinKit calculator from the same company we get a payment of $321.57 or .0322 factor.

Whatever calculation FinKit is using seems to more closely model the bank's actual rate sheet.

I am wondering why there are such large discrepancies, even within the same software company's different products, and if there is more straightforward method using Excel. (read not with a HP17b - if so is there a HP 17b emulation method in Excel or, more importantly, for OS X)

I would interested in the following formulas
$1 purchase option, FMV @ 10% and 20% residuals.

I have asked several people about this and get wildly differing responses. No wonder we have a financial crisis on our hands.

creepy roommate...question about getting out of the lease?

atetrachordofthree — Sat, 19 Sep 2009 23:49:44 -0800

I am a 25 year old graduate student. I signed a lease with a 20 year old undergrad who has nothing in common with me, except that we are from the same country. She seems fine at first, just socially awkward, but after a month of living together she began to be extremely rude/inpolite, and show signs of hostility. I tried to talk to her about it a couple of times, but only got emails that basically tells me to stop bothering her. She is NOT a bad roommate in all other ways-- quiet,clean, fiscally responsible. But I am really fed up with the negative vibe in the apartment, and I felt that I've done everything I can to keep our interactions civil, but to no avail. I am really wanting to move out. I am honestly also a little scared by her, because she does this freakishly creepy "death glare" when I greet her, throws tantrums unexpectedly without telling me why (slam door, etc), and I sometimes find torn up/cut up stuff in the trash can. I feel like this girl has some serious crazy in her. She got really pissed the other day because I had friends over and didn't tell her, but truth to be told I chickened out when I was trying to tell her because she stared at me like she was going to kill me, so I didn't say a word. She also has friends over 5 nights out of 7, never notify me first. I love this apartment, and my landlord is amazing. My lease is not up until july 2010, though. If I find someone to take over my lease, can I get out of it? And do I need to get my roommate to consent (we both signed the lease)? or is it just me and the landlord? I really don't want to have to talk to her more than absolutely necessary.

Finding a rental in Portland OR

Anonymous — Tue, 08 Sep 2009 09:36:34 -0800

How crazy am I to rent a place in Portland, Oregon without seeing it first? I'm moving to Portland next month, hurray! (Yes I have a job there, but this is anonymous because it's not quite official on both sides yet.)

I'll have my family (spouse, kids, dog) in tow and cannot get into town before we arrive without super complicated family logistics and huge expense.

I know Portland enough to know the neighborhoods I'd like to live in, really based on the schools I'd like my kids to attend. I can look around various neighborhoods on Google Maps, and I've been using Portland Maps to get information on various houses and neighborhoods.

I have a friend in Portland who will, I think, be glad to visit places we are serious about renting. I'm also wondering if I might be able to hire someone to do this for me so as not to burden my friend.

My goal is to minimize disruption for my kids especially, and to get them enrolled in school as soon as possible, and for that, we need an address. So ideally I'd have someplace for us to live before we arrive in town.

The alternative would be for all of us to live in a hotel for a week or longer, until I can find us someplace. I worry I'd be so pressured to get into any house that we'd have to compromise or else be stuck in a hotel.

But is it crazy to sign a lease without seeing the rental? If you have done this, did it work out okay? And do you have any suggestions for making it less crazy? (Like perhaps asking for an three month lease to start.)

Email is leasingwithoutseeing@gmail.com

Help me prepare an informal lease while temporarly living with a friend.

Anonymous — Tue, 25 Aug 2009 09:42:14 -0800

Need help writing an informal lease while renting a room out of a friends house. I am going through a divorce, and am currently staying with a friend who owns a house. I don't intend to stay in the state forever, just until I get things in order in my life. I am paying her rent and helping with the utilities. Our friendship is strong, and we're both fair reasonable adults. There is no concern about getting "burned" or becoming a slack roommate. I'm just looking to write some sort of informal lease so we both have something in black & white to go by. Can anyone recommend any resources, or provide any advice? A generic template would be great. This is very casual, and friendly. We both want something pretty simple. Thanks in advance!

Am I supposed to tell my landlord that my boyfriend is moving in with me?

just_ducky — Thu, 20 Aug 2009 09:16:11 -0800

I am seven months into my second one-year apartment lease. My boyfriend and I have decided that he is going to move in with me. Am I legally obligated to tell my landlord? Will this put me in any legal issues with my lease, given that I am the sole name on it? I'm in British Columbia. My landlord seems like a good guy, so hopefully this won't be an issue one way or the other. But I just can't find any info online about the legalities of having someone move in to a rental unit, when a lease is already in place. Does anyone have any advice or online links about this? I've tried reading the BC Tenancy Act and Regulations, but can't find anything about this situation. Thanks!

Letting agents won't let go!

freya_lamb — Sun, 16 Aug 2009 16:25:06 -0800

UKRentalfilter: Can my landlord end his agreement with the letting agents if one of two tenants under the current contract wants to stay in the property? Flatmate and I have lived here for two years, he was here before and I moved in when his original co-renter moved out. The letting agents issued a new contract with both our names on it. Now my flatmate wants to go, and I want to stay. I have a new co-renter lined up and my landlord is happy for me to stay on in this new arrangement. However, he doesn't want to stay with the letting agent who have been (mis)managing the property since my flatmate first arrived.

Landlord tried to get out of his contract with them last year, by issuing us with a new, private contract and telling them we were moving out. They phoned and visited for two weeks until they'd established that we hadn't actually moved out and therefore wouldn't let him break his contract with them. I think it's different this time because one of us actually is moving out so a new contract will have to be drawn up anyway, but he's intimated by the agents and thinks they will withhold the deposit and charge him a massive fee unless they think we've both moved out.

He's offered to issue a new contract with me and the new co-signer, as long as I move my stuff out for when the agent visits for the final inspection/handing over of keys. I would then move back in again under the new contract.

This all seems like a ridiculous hassle to me, I really want to stay in the flat (great price/location - not easy to find in the centre of the city), is this really the only way we can wing it? Current flatmate and I pay half the rent each, monthly, direct to the landlord's account. We call him direct if there are problems with the flat and he sorts them out - we never speak to the letting agents. A lawyer won't help me much because the contract in dispute is between landlord and agents, not him and me, can anyone shed any light on the situation? Thanks!

Lead testing next steps

Lazlo Hollyfeld — Fri, 31 Jul 2009 12:59:23 -0800

My wife and I recently had some lead testing done in our apartment which turned up some very high levels. Now we are trying to figure out what to do next. Issues involving lead testing, abatement, leases and tenancy inside. My family (myself, my wife and our 18 month old daughter) moved into our current apartment in New Haven, Connecticut, in the beginning of June. When we looked at the place we were happy with condition it was in, as the paint seemed new and in good condition. On moving in we noticed that there was some old, chipping paint in the window beds. Last week we had some unofficial testing done by a local lead abatement company. We had done the same thing in our previous apartment, and gotten back borderline levels. We got the results for our new apartment back yesterday and the levels are very high, as in 10-50 times the acceptable limit. The soil in the backyard tests at 4x the limit.

My understanding of CT state law is that if we have an official inspection done and their findings match ours, the landlords are responsible for the lead abatement. My wife spoke to an inspector from the New Haven DPH, who confirmed this, but could not give us much guidance as to how long, difficult or expensive the abatement process might be. We brought this all up with our landlords and they expressed a desire to not go through official channels and maybe have some cleanup done off the record. Our landlords are an older couple who are very sweet and well intentioned, but we don't really trust their ability to deal with the cleanup on their own.

The way I see it, our options are either to get an official inspection and start the process of getting the lead cleaned up, or to move out and find somewhere else to live. Since we would need to vacate at least ourselves and maybe our stuff during the abatement process, and going the official route wouldn't put us on good terms with the landlords, we're currently inclined to go the "move out" route.

This would involve breaking our lease which lasts for another 10 months. Our landlords are not particularly computer savvy, so they have asked if we would do the work of listing and showing the place, which is fine. Our main concern is that if we can't find someone to move in by the time we move out that they will try to hold us responsible for the rent. We would like to get something in writing from them officially breaking the lease.

So the question is, is this a situation where we need a lawyer? If we destroy both copies of the lease, is that good enough? Are there other factors or options that we haven't thought of?

Just as a note, today was our daughter's 18 month checkup and we had her blood tested. We should know the results early next week, but since we've been here such a short time I expect that every thing is ok. Also, when we look at new apartments, we plan on testing before we sign a lease.

How do I hire, and pay to, a buyer's agent for commercial lease negotiations?

cst — Fri, 24 Jul 2009 13:16:05 -0800

Should I hire, and how do I pay to, a buyer's agent for commercial lease negotiations? Note: I found property myself but the negotiations don't go the way I expected... This is my first experience in the commercial real estate market. After an extended market research I found this property (industrial, not retail) and approached the selling agent myself (don't tell me it was a mistake - I've realized it myself by now). The negotiations are going pretty hard: the broker initially (in our first phone conversation) quoted me pretty good lease rate, but when it came to the actual Offer to Lease, the rate suddenly became "subject to change based on the amount of landlord's work required".

Of course they use their "standard" Offer to Lease form that is heavily skewed to the landlord's advantage. Most of the amendments I propose are being declined or watered down on the grounds that "this is just a preliminary offer - lets keep it simple -- we'll incorporate your proposals in the final lease document". And this is just the drafting stage, even before the offer is shown to the landlord!

I could of course keep pushing my way in negotiations and insist on the initial quoted rate and including all my amendments, but I am afraid I don't know where to stop: what is acceptable/common industry practice, and what is just broker' tricks playing the newbie. At the end, if I am unwilling to compromise I may end up loosing this location - which I wouldn't like to see go as it is on the top of my shortlist.

So I am seriously thinking about retaining a buyer's agent to help me in the negotiations. As far as I know, the usual industry practice is the buyer's agent makes initial contact with the listing agent and then they split commission 50/50. But how do I do it at this stage, in the middle of negotiations? Should I pay the buyer's agent myself? What should be the fee structure? Fixed amount? Success fee (based on what - percentage of savings negotiated, percentage of lease amount, etc)?

Please tell me what you think or know, share if you had similar experience. Any constructive feedback will be very much appreciated!

New England Car Needed

billtron — Fri, 17 Jul 2009 06:07:51 -0800

I'm moving to the Upper Valley of New Hampshire in a month and need to buy a car for the first time. Help me choose the right one. We've narrowed it down basically to two general options: something resembling a 2 year old Subaru Outback and something resembling a new Prius. Our choice will depend on the availability of options, incentives at the time of purchase, and the necessity of getting an all-wheel drive vehicle for the harsh winters versus the fuel efficiency of getting a hybrid for our monthly trips to NYC. What, o great metahivemind, do you suggest we do?

Can my landlord refuse to make repairs?

telegraph — Wed, 15 Jul 2009 08:48:22 -0800

ApartmentNightmareFilter: My new apartment is falling apart and no one will step up. What are my rights here? I just moved into a lovely apartment in a beautiful, historical building in a major city in the Northeast. Unfortunately, over the past x number of years, that beautiful, historical building has fallen into disrepair.

When I saw the apartment and signed my lease a few months ago, it was furnished and being lived in, which masked many of the problems that have now come up. The apartment has not been painted in many, many years -- paint is peeling all over the apartment, and many of the windows are falling apart and rotting. Most of the doors do not close. Almost all of the electrical outlets are still ungrounded (two pronged instead of three). When we moved in, there was a large hole in the ceiling of the bathroom due to water damage -- after much fighting it was patched but it has yet to be repainted. It was not cleaned after the last tenants moved, and I've removed upwards of 50 loose nails and screws from the walls. Our stove does not work, nearly all of the window screens are ripped, and at least three of the window panes are cracked. This is the tip of the iceberg.

We reported these problems to our contact at the property management company that manages our building, who then reported the problems to our landlord, who then (according to the property manager) "came down to our office and threw a fit." We're now being told that my roommates and I are "not a good fit" for the apartment, because the previous tenants never complained.

I don't even know what to do at this point. What are my rights here? I don't think they're going to force us to move out (I feel pretty sure they can't do that...), but it seems like they're saying that we can either put up with it, pay for the repairs ourselves, or get out of Dodge. My roommate is setting up a meeting with the property manager for later today; we really, really don't want to move again. What can we do in this situation? Any advice would be really appreciated.

How does a land contract work?

howrobotsaremade — Tue, 07 Jul 2009 10:53:38 -0800

Is buying a home on land contract or as a lease option ever a good idea? For the last couple years I have been working diligently to clear up my formerly terrible credit. However, it will probably be a year or possibly two before it's in good enough shape to qualify for a mortgage, even with a cosigner.

The problem is, I have recently found out that I will probably need to move out of the house I'm renting in the next 6 months. I live in a very tight rental market. I am not finding any suitable rentals within my price range that are kid/pet friendly in this school district.

As I've been looking, I keep seeing listings for companies who are offering homes as a lease with option to buy, or on land contract. On the surface, this sounds like a good idea for someone like me. But if it was that easy, why don't most people buy homes this way instead of going through a regular bank?

Is this fundamentally a bad idea? Will I end up paying much more for the home, even if I buy it out with a bank mortgage in a couple years' time when my credit has recovered? Does buying a home this way remove any of the legal protections that one would normally get in a conventional home purchase? From what I understand, the biggest concern is that often the contract is written in a way that makes it very easy to lose the home and any money invested into it, for a multitude of reasons. But does this work well for people if the payments are always made on time?

I have not had much luck finding straight answers on the pitfalls of doing one of these deals. Google turns up a lot of real estate seminars and make money schemes, which makes me believe that maybe this isn't the greatest idea after all.

I know the answer to this question is probably "lawyer up beforehand", which is a stellar idea no matter what. But first, I'd like to know is if it's a waste of time to pursue looking for one of these homes in the first place. If it's feasible, I really need some good, legitimate resources to understand how a land contract (or lease with option to buy) should be structured and how it works and what I should be asking if I decide to go this route.

Any good or bad personal experiences are welcome, too. Also, if it matters, the state is Indiana.

How to renegotiate rent when resigning a lease.

Thin Lizzy — Thu, 02 Jul 2009 10:12:20 -0800

How does a terrible negotiator go about renegotiating lower rent in Los Angeles? I've been in my apartment for a year and during that time, the rental market in Los Angeles has softened considerably. Now my lease is up. They haven't asked me to sign a new one yet but I'd really like to renegotiate because I think I'm in a good position to do so. Here's why:

- Aforementioned soft market with nicer places lowering their asking price and a TON of "for rent" signs in the neighborhood.
- Local friends of mine have re-signed their leases with lower rents and/or "resigning bonuses" recently.
- Currently one apartment in the building is already empty. The last time there were units empty it took them 4-6 months to rent them.
- I'm a great tenant. Quiet, clean, prompt with the rent and all that stuff.

So how do I approach this? Here's the complications:

- As previously stated I'm a terrible negotiator. This is compounded by the fact that the owner/super seems like a nice guy.
- The apartment is in West Hollywood and falls under their rent-stabilization laws. I have no idea what this means for me since I signed a lease but it's been up for about a month now.
- I really don't want to move and would like to avoid that bluff if possible.
- I'm not even sure what I should ask for. -$100/month? I don't want to gouge the owner but I'm trying to look out for my own interests here too.

Thanks in advance for any advice you can offer.

Can my lease keep telling me what to do after it's dead?

Beardman — Thu, 02 Jul 2009 06:57:31 -0800

Can an Ontario lease stipulate that, once the lease is up and I switch to month-to-month tenancy, I still can't move out between October and April? Background: my 2 year lease ends on August 31st. I want to get a different apartment, but for personal reasons I can't move in September. So I want to be a month-to-month tenant for September, and then move for October 1st.

However, my lease includes this clause: "The Lessee agrees that once he/she becomes a month to month tenant that he/she will not vacate the premises or move out during the months of October through April." Obviously this is because it's harder for them to find a new tenant during these months, although I know other tenants have moved in and out of the building during those months while I've lived here.

Is this clause void? Is it a month-to-month tenant's problem if the apartment is harder to rent in the fall, winter, and spring? It seems to me that it oversteps the bounds of a lease to say "And when this lease expires and you become month-to-month...you're still on a de facto lease for 6 months of the year!" However, I can't find anything about this (either way) in the tenancy act. All I know is that the people I'm renting from have stuck other clauses into the lease that I know are void, such as a "no pets" clause which is void in Ontario. I'm hoping this is another one.