Landlord won't break lease and rejects all possible subletters. What to do?
September 8, 2010 9:48 AM Subscribe
Landlord won't break lease and rejects all possible subletters. I can't afford to pay two rents forever. What to do?
So, my father is terminally ill. And I was underemployed in Boston. I was living in a fairly decent place (if you don't count the lead paint, creepy nosy neighbors, and driveway which becomes unusable in the winter--in a town with no overnight street parking). The landlady twice pressured me into re-signing a lease, although that's not typical for Boston, where you usually go month-to-month after the first year. Well, one month into the new lease, I found a job in Michigan. I jumped at the opportunity. I found a cheap apartment here and can spend weekends up north helping my parents. The landlady, who knew the situation with my father (I had really begged her not to have to re-sign the lease), agreed to let me sublet to someone else. So, all working out, right?
Wrong. I should have known she would be impossibly choosy. She almost didn't rent to me until she made sure of my academic background (master's student at Harvard).
So I've found her 4 possible subletters (all either acquaintances or coworkers at Harvard), and she's rejected them all. She claims that the lead paint means she has the right to reject people with children (OK), pets (??), or smokers (huh?). And 3 of the 4 people I found her met those qualifications and she STILL didn't accept them.
When I moved out, she asked for my keys back. I took this as a sign that it was no longer my place. I asked (nicely) to come to mutually agreeable terms to break the lease.
She emailed yesterday that she expects full rent until a subletter is found. I can't afford that. And I think she's being discriminatory and will never accept anyone anyway.
Help, AskMeFi!
So, my father is terminally ill. And I was underemployed in Boston. I was living in a fairly decent place (if you don't count the lead paint, creepy nosy neighbors, and driveway which becomes unusable in the winter--in a town with no overnight street parking). The landlady twice pressured me into re-signing a lease, although that's not typical for Boston, where you usually go month-to-month after the first year. Well, one month into the new lease, I found a job in Michigan. I jumped at the opportunity. I found a cheap apartment here and can spend weekends up north helping my parents. The landlady, who knew the situation with my father (I had really begged her not to have to re-sign the lease), agreed to let me sublet to someone else. So, all working out, right?
Wrong. I should have known she would be impossibly choosy. She almost didn't rent to me until she made sure of my academic background (master's student at Harvard).
So I've found her 4 possible subletters (all either acquaintances or coworkers at Harvard), and she's rejected them all. She claims that the lead paint means she has the right to reject people with children (OK), pets (??), or smokers (huh?). And 3 of the 4 people I found her met those qualifications and she STILL didn't accept them.
When I moved out, she asked for my keys back. I took this as a sign that it was no longer my place. I asked (nicely) to come to mutually agreeable terms to break the lease.
She emailed yesterday that she expects full rent until a subletter is found. I can't afford that. And I think she's being discriminatory and will never accept anyone anyway.
Help, AskMeFi!
"When I moved out, she asked for my keys back. I took this as a sign that it was no longer my place" Exactly. By asking you to return your keys, the landlady is denying you the use of the apartment for which she expects to continue to be paid, which is clearly ridiculous. She broke the lease herself by asking for the return of the keys. Don't pay her.
posted by grizzled at 9:56 AM on September 8, 2010 [13 favorites]
posted by grizzled at 9:56 AM on September 8, 2010 [13 favorites]
She broke the lease herself by asking for the return of the keys. Don't pay her.
IANAL and you should check with one - or a local tenants right organisation but I agree with this. It seems reasonable that you could claim she has broken the lease since through her actions you no longer have access to the apartment.
posted by missmagenta at 10:00 AM on September 8, 2010 [8 favorites]
IANAL and you should check with one - or a local tenants right organisation but I agree with this. It seems reasonable that you could claim she has broken the lease since through her actions you no longer have access to the apartment.
posted by missmagenta at 10:00 AM on September 8, 2010 [8 favorites]
The landlady twice pressured me into re-signing a lease, although that's not typical for Boston, where you usually go month-to-month after the first year.
No. This is not typical in Boston. What is typical in Boston is signing a lease in April for the next September. There are very few month-to-month leases in Boston proper, even after the first year of a lease.
There may be some useful information here. But I think you're out of luck unless you can negotiate with her. You did sign the lease.
posted by zizzle at 10:00 AM on September 8, 2010
No. This is not typical in Boston. What is typical in Boston is signing a lease in April for the next September. There are very few month-to-month leases in Boston proper, even after the first year of a lease.
There may be some useful information here. But I think you're out of luck unless you can negotiate with her. You did sign the lease.
posted by zizzle at 10:00 AM on September 8, 2010
Signing the lease doesn't mean you sign your rights away. Consult a lawyer, not a gaggle of internet passers-by.
posted by splice at 10:02 AM on September 8, 2010 [7 favorites]
posted by splice at 10:02 AM on September 8, 2010 [7 favorites]
It seems reasonable that you could claim she has broken the lease since through her actions you no longer have access to the apartment.
Actually, yes, this sounds like a possibility. The link I sent you should make mention of something like this. I've read through the entire thing before and found it invaluable in understanding Mass. law on renting and leasing. You can probably talk to her about the lack of access because you have no keys thing, but definitely check with a Mass lawyer or even the housing authority possibly on that.
posted by zizzle at 10:02 AM on September 8, 2010
Actually, yes, this sounds like a possibility. The link I sent you should make mention of something like this. I've read through the entire thing before and found it invaluable in understanding Mass. law on renting and leasing. You can probably talk to her about the lack of access because you have no keys thing, but definitely check with a Mass lawyer or even the housing authority possibly on that.
posted by zizzle at 10:02 AM on September 8, 2010
She has the keys and you live in another state now? And she won't approve your subletters? Do you have anyone in Boston who can go by the place to make sure she hasn't already rented it out to someone else? Maybe she's figured out a way to get double rent from the unit for a while.
posted by Blue Jello Elf at 10:07 AM on September 8, 2010 [7 favorites]
posted by Blue Jello Elf at 10:07 AM on September 8, 2010 [7 favorites]
right to reject people with children
I believe that may be illegal discrimination on the basis of familial status.. Ignore anyone who says anything like "You did sign the lease." Your rights and remedies are not all contained within the lease, and it sounds like your landlord may be operating illegally.
You should talk to a tenant's organization or a lawyer. Or both.
posted by grouse at 10:09 AM on September 8, 2010 [11 favorites]
I believe that may be illegal discrimination on the basis of familial status.. Ignore anyone who says anything like "You did sign the lease." Your rights and remedies are not all contained within the lease, and it sounds like your landlord may be operating illegally.
You should talk to a tenant's organization or a lawyer. Or both.
posted by grouse at 10:09 AM on September 8, 2010 [11 favorites]
Does she live in the building? My understanding is that she does not have to de-lead if she lives in the building and rents to a family with children as long as she discloses this.
Either way, my understanding is that she is not legally allowed to discriminate against families with children, although this is EXTREMELY COMMON anyway in Massachusetts thanks to old housing stock + strong deleading laws.
posted by Jugwine at 10:14 AM on September 8, 2010 [1 favorite]
Either way, my understanding is that she is not legally allowed to discriminate against families with children, although this is EXTREMELY COMMON anyway in Massachusetts thanks to old housing stock + strong deleading laws.
posted by Jugwine at 10:14 AM on September 8, 2010 [1 favorite]
Also - don't mention the key thing to her until you've consulted with a lawyer/tenants rights adviser - if she hasn't rented it out to someone else yet, she might give you the keys back. You'll want to be certain of your rights and position before you contact her, obviously you want to enforce the position that by preventing access to the apartment, she has broken the lease.
posted by missmagenta at 10:16 AM on September 8, 2010 [3 favorites]
posted by missmagenta at 10:16 AM on September 8, 2010 [3 favorites]
Grouse, regardless of that fact, if an apartment is not deleaded, then a family with a child under 6 wouldn't be able to live there anyway. The apartment would have to go through an abatement period and be inspected and blah blah blah. I think there may be
Much as it might be discrimination, there's also very good health reasons for not doing so. Finding a deleaded apartment in Mass is really hard. Finding one that isn't deleaded and a landlord willing to delead is even harder. We just went through this, so I know how it *really* works as opposed to how it *should* work. The Mass lead laws really need to be updated so that all units in the state are required to be deleaded between tenants, similar to in New York. But as it is, they are not required to this.
And the OP can't even use the discrimination to file a complaint because the OP was not the one discriminated against. It was someone the OP had contact with, so if the person the OP has contact with wants to file the complaint, something may happen with it. But the OP him or herself can't do so.
posted by zizzle at 10:17 AM on September 8, 2010
Much as it might be discrimination, there's also very good health reasons for not doing so. Finding a deleaded apartment in Mass is really hard. Finding one that isn't deleaded and a landlord willing to delead is even harder. We just went through this, so I know how it *really* works as opposed to how it *should* work. The Mass lead laws really need to be updated so that all units in the state are required to be deleaded between tenants, similar to in New York. But as it is, they are not required to this.
And the OP can't even use the discrimination to file a complaint because the OP was not the one discriminated against. It was someone the OP had contact with, so if the person the OP has contact with wants to file the complaint, something may happen with it. But the OP him or herself can't do so.
posted by zizzle at 10:17 AM on September 8, 2010
Get a lawyer. Lawyer should write letters on your behalf. Negotiate if necessary (I'm pretty sure giving back the keys voids your lease, tho. I imagine no negotiation should be necessary.)
If she has the keys and she knows you have a lawyer... chances are she will not come after you in any way. Plus if she does, you have a paper trail and a lawyer!
It will cost you a couple of hundred bucks to sort this out. SO, SO WORTH IT.
Good luck.
posted by jbenben at 10:18 AM on September 8, 2010 [2 favorites]
If she has the keys and she knows you have a lawyer... chances are she will not come after you in any way. Plus if she does, you have a paper trail and a lawyer!
It will cost you a couple of hundred bucks to sort this out. SO, SO WORTH IT.
Good luck.
posted by jbenben at 10:18 AM on September 8, 2010 [2 favorites]
ARRGH! I didn't finish my sentence.
"I think there may be ways around it being discriminatory for them not to rent a lead apartment to families with children under 6 because it's an undue financial burden. Often, if the landlord is called on the lead laws, the abatement and the deleading is more expensive than the building itself. So rather than delead it, they sell it to someone else who then also decides not to delead and so the cycle continues."
posted by zizzle at 10:19 AM on September 8, 2010
"I think there may be ways around it being discriminatory for them not to rent a lead apartment to families with children under 6 because it's an undue financial burden. Often, if the landlord is called on the lead laws, the abatement and the deleading is more expensive than the building itself. So rather than delead it, they sell it to someone else who then also decides not to delead and so the cycle continues."
posted by zizzle at 10:19 AM on September 8, 2010
Yes, a million times yes - contact a lawyer. I have never felt so annoyed and betrayed as I did after leaving my apartment in Somerville. If I never have to rent int he Boston area again it will be too soon. You have more rights than you know. An attorney will be able to help you figure out what to do. It's a small price to pay to get out from under this crazy BS.
If you don't have any friends in the area let me know and I'll do it. I'll be in Boston next Wednesday through Friday.
posted by FlamingBore at 10:19 AM on September 8, 2010 [2 favorites]
If you don't have any friends in the area let me know and I'll do it. I'll be in Boston next Wednesday through Friday.
posted by FlamingBore at 10:19 AM on September 8, 2010 [2 favorites]
And by "do it" I mean drive by and check for a tenant.
posted by FlamingBore at 10:20 AM on September 8, 2010
posted by FlamingBore at 10:20 AM on September 8, 2010
If the apartment cannot be subleased because it is not inhabitable, I believe that is the landlord's problem, not the OP's. The problem isn't that the OP was discriminated against per se, the problem is that the landlord unreasonably refused to allow a subletter so that they could engage in illegal discrimination. According to the Massachusetts Office of Health and Human Services, "An owner cannot evict or refuse to rent to anyone because or lead paint. Discrimination is against the law and carries penalties." That seems pretty cut-and-dried. I don't see anything in there about allowing otherwise illegal discrimination when it's expensive for the landlord. Too bad for the landlord.
posted by grouse at 10:28 AM on September 8, 2010 [1 favorite]
posted by grouse at 10:28 AM on September 8, 2010 [1 favorite]
The point was raised that even if your lease is nullified because the landlady asked for the keys to be returned, she might then give the keys back to you. But even so, you are not obligated to accept them. The rental is over, and the landlady cannot unilaterally reinstitute it by giving you keys. Don't pay any more rent, and if she sues you for non-payment, you can quite reasonably point out that you don't live there and that the landlady asked for the keys back and you gave them back. How can you be considered to be renting an apartment where you do not live and to which you do not have access? She has no case. That's besides the fact that the normal recourse in the case of renters who don't pay rent is to just evict them, which would be redundant in your case since you are already out. Even in the case of a violation of a lease, the only normal consequence would be eviction.
posted by grizzled at 10:35 AM on September 8, 2010 [1 favorite]
posted by grizzled at 10:35 AM on September 8, 2010 [1 favorite]
Nice way:
Consult a housing lawyer, there may be exceptions to leases if you are a caretaker to someone who is ill and out of state. Residential leases are normally not as ironclad a commercial leases. Make it crystal clear that your parents' need your help, which I assume you have, but reiterate it. If you have a chance at winning, take her to housing court on it if you have to. Don't threaten to, but actually do it. Bring a lawyer, she'll have to hire one too if she expects to win. No one likes spending money needlessly.
Not so nice way:
A restaurant will almost always have some health code violations, and I have yet to see a building, especially an older one, that isn't chock full of building violations. Heating, electrical issues, structural issues/sub-flooring, repairs done without permits... the list goes on and on. All you really have to do is have someone with visitor's access call and let in the Housing Department on whatever violations you happen to notice, or situations you might simply THINK are violations.
Think: Holes in walls, cracked or crooked stairs, missing balusters, rodent issues, dim lighting in halls, broken locks (door and mailbox), old wiring, expired inspections on elevators and boilers, cracks in sidewalks, temperature of heat/hot water, leaky pipes, fire hazards, rusty/damaged fire escapes, etc.
Make it known that you are deeply concerned about the condition of a building you have a lease to an apartment in, and then begin calling your version of 411 on a weekly basis to get a Housing inspector out. If she correlates (which shouldn't be a difficult thing) your presence with the weekly visits from the authorities with the possibility of fines and mandatory repairs, she'll probably let you break the lease.
I have been on the receiving end of the latter tactic, not that we wanted them to stay, but they were behind on many months rent, and were trying to claim nonpayment for the building not being in pristine condition. They called so much they almost got the building deemed unfit for residence. And trying to do mandatory emergency repairs with emergency permits (as she called the housing department when we tried to do a quick fix, non-permit style) is VERY expensive. It's a bit lowbrow and mean, but all's fair, I guess....
posted by Debaser626 at 10:39 AM on September 8, 2010
Consult a housing lawyer, there may be exceptions to leases if you are a caretaker to someone who is ill and out of state. Residential leases are normally not as ironclad a commercial leases. Make it crystal clear that your parents' need your help, which I assume you have, but reiterate it. If you have a chance at winning, take her to housing court on it if you have to. Don't threaten to, but actually do it. Bring a lawyer, she'll have to hire one too if she expects to win. No one likes spending money needlessly.
Not so nice way:
A restaurant will almost always have some health code violations, and I have yet to see a building, especially an older one, that isn't chock full of building violations. Heating, electrical issues, structural issues/sub-flooring, repairs done without permits... the list goes on and on. All you really have to do is have someone with visitor's access call and let in the Housing Department on whatever violations you happen to notice, or situations you might simply THINK are violations.
Think: Holes in walls, cracked or crooked stairs, missing balusters, rodent issues, dim lighting in halls, broken locks (door and mailbox), old wiring, expired inspections on elevators and boilers, cracks in sidewalks, temperature of heat/hot water, leaky pipes, fire hazards, rusty/damaged fire escapes, etc.
Make it known that you are deeply concerned about the condition of a building you have a lease to an apartment in, and then begin calling your version of 411 on a weekly basis to get a Housing inspector out. If she correlates (which shouldn't be a difficult thing) your presence with the weekly visits from the authorities with the possibility of fines and mandatory repairs, she'll probably let you break the lease.
I have been on the receiving end of the latter tactic, not that we wanted them to stay, but they were behind on many months rent, and were trying to claim nonpayment for the building not being in pristine condition. They called so much they almost got the building deemed unfit for residence. And trying to do mandatory emergency repairs with emergency permits (as she called the housing department when we tried to do a quick fix, non-permit style) is VERY expensive. It's a bit lowbrow and mean, but all's fair, I guess....
posted by Debaser626 at 10:39 AM on September 8, 2010
We needed to break a lease last year. We hired a very nice lawyer who does landlord-tenant law. He got to deal with the crazy, unreasonable landlord, and we didn't have to deal with the hassle any more. I suggest you also hire a lawyer; sounds like you for sure don't need the hassle.
Sure, it will cost maybe a month's rent for the lawyer, and maybe a month's rent for breaking your lease. That's way better than six months or whatever until your lease expires.
(I don't know about Mass. landlord-tenant law; in Alaska a landlord is required to be making a good-faith effort to re-rent a place; if she's not, then you don't owe her rent. But I would look at this not as you want to sublease, but that you just want to break your lease.)
posted by leahwrenn at 10:55 AM on September 8, 2010 [1 favorite]
Sure, it will cost maybe a month's rent for the lawyer, and maybe a month's rent for breaking your lease. That's way better than six months or whatever until your lease expires.
(I don't know about Mass. landlord-tenant law; in Alaska a landlord is required to be making a good-faith effort to re-rent a place; if she's not, then you don't owe her rent. But I would look at this not as you want to sublease, but that you just want to break your lease.)
posted by leahwrenn at 10:55 AM on September 8, 2010 [1 favorite]
BTW, the discrimination thing is kinda a red herring, I think. The lawyer will have ways to win over your (former) landlord that folks on the interwebs couldn't know based on an AskMe.
It's so rare that I say "Lawyer", but you really will end this quickly and painlessly with the right legal professional on your side.
Good Luck!
posted by jbenben at 11:03 AM on September 8, 2010
It's so rare that I say "Lawyer", but you really will end this quickly and painlessly with the right legal professional on your side.
Good Luck!
posted by jbenben at 11:03 AM on September 8, 2010
As a landlord of small two family house in Boston -- if my tenant just walked away (as some have done) without good reason most I'd do (or have done) is to send few nasty grams by email and tried to reach by phone. Never worth trying to go after anything through courts etc. even when tenant is 100% in the wrong.
If the facts are as you stated I'd do nothing until she sends something by mail/ official notice and then write a notice that lease was terminated by her when she took the keys. Only if she pursued things after that I'd consider attorneys, etc. Depends on your risk tolerance and maybe crazy landlords are more energetic in pursuing perceived or real wrongdoings than I am.
You might think that renting sucks until you become landlord.
posted by zeikka at 11:08 AM on September 8, 2010 [3 favorites]
If the facts are as you stated I'd do nothing until she sends something by mail/ official notice and then write a notice that lease was terminated by her when she took the keys. Only if she pursued things after that I'd consider attorneys, etc. Depends on your risk tolerance and maybe crazy landlords are more energetic in pursuing perceived or real wrongdoings than I am.
You might think that renting sucks until you become landlord.
posted by zeikka at 11:08 AM on September 8, 2010 [3 favorites]
In addition (p.7):
Can I avoid state Lead Law requirements by not renting to a family with children under six?posted by Civil_Disobedient at 11:17 AM on September 8, 2010
The Massachusetts Lead Law makes it illegal to refuse to rent to families with children under six, or evicting or refusing to renew the lease of families with children under six, because of lead paint.
Mod note: Comment removed. I don't know how many times we have to say things like "please don't call your fellow mefites fuckers if you want your answer to stick around" before it sticks, but please do not call your fellow mefites fuckers if you want your answer to stick around.
posted by cortex (staff) at 11:20 AM on September 8, 2010 [13 favorites]
posted by cortex (staff) at 11:20 AM on September 8, 2010 [13 favorites]
Stop paying and walk away. As zeikkka said, it is absolutely not worth it for the landlord to pursue this in court.
posted by Behemoth at 11:21 AM on September 8, 2010
posted by Behemoth at 11:21 AM on September 8, 2010
Stop paying but send a certified letter to her explaining that you consider the lease terminated and unless you hear from her otherwise you will assume she agrees. Then walk away.
Better yet, get a lawyer to do this for you.
posted by abc123xyzinfinity at 12:09 PM on September 8, 2010 [1 favorite]
Better yet, get a lawyer to do this for you.
posted by abc123xyzinfinity at 12:09 PM on September 8, 2010 [1 favorite]
From my perusal of this thread it looks like Civil_Disobedient has provided you all the ammunition you need to get this dealt with. Send her a letter with these links - tell her you will hire an attorney if necessary and go from there. She's being not only unreasonable but it looks like she's breaking black letter law.
posted by bitdamaged at 12:15 PM on September 8, 2010
posted by bitdamaged at 12:15 PM on September 8, 2010
Mod note: seriously, there's no "right to be helpful" here. If you want to help, help. If you want to bitch about mod practices go to MetaTalk. If you can't do one without the other, go away until you can
posted by jessamyn (staff) at 2:36 PM on September 8, 2010 [3 favorites]
posted by jessamyn (staff) at 2:36 PM on September 8, 2010 [3 favorites]
No. This is not typical in Boston.
Um, I've done this 3 times in Arlington and Watertown. Areas in less demand from students have a whole different renting climate.
Signing the lease doesn't mean you sign your rights away. Consult a lawyer, not a gaggle of internet passers-by.
Couldn't have said it better myself. Nthing the lawyer idea.
posted by lily_bart at 9:06 PM on September 8, 2010
Um, I've done this 3 times in Arlington and Watertown. Areas in less demand from students have a whole different renting climate.
Signing the lease doesn't mean you sign your rights away. Consult a lawyer, not a gaggle of internet passers-by.
Couldn't have said it better myself. Nthing the lawyer idea.
posted by lily_bart at 9:06 PM on September 8, 2010
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Well, uh… too fucking bad! source
posted by Civil_Disobedient at 9:52 AM on September 8, 2010 [2 favorites]