Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Is there any way to legally break my lease? *long*

I'm having a lot of problems with the place I'm living in and not a single one complaints have even been acknowledged since I moved in 5 months ago. All of them have been for lease violations or other major health issues. I need to get out of this place for the health and safety of my kids but I'm also concerned about my legal requirements.

I moved in this place because it was supposed to be pet free (except service animals) and I told management this before I signed the lease. I was told there were NO animals in the building at that point which was a lie. One tenant had TWO warnings on their cat at that point! Almost all of my neighbors have pets that they allow to roam around the building and outdoor common space now that the snow is gone. They also have guests that bring animals. My daughter is severely allergic and this could be life threatening for her. They smoke in the building and other common areas. The smoke is also dangerous for my daughter. They have loud parties in the parking lot and supply alcohol to minors. You can smell what seems to be pot coming from them. The security doors are also routinely propped open. I have a special needs child and NEED those doors to be shut when not in use for his safety.

We recently had a flood in the building from heavy rain and because I'm in a garden level apartment we had a lot of water in here before we could block it off. WE spent hours cleaning up the 3 inches of water in the hall and blocking the front door so more didnt come in. It took over a week for someone to come and proffesionally clean the carpet so now there is black mold growing up the walls of the hallway! It been speading for 2 months and they ignore it!

Is there any way to legally get out for things like this or am I going to have to break it and just deal with the consequences? My lease isnt up until February but I refuse to keep my kids around this any longer.

Answer Question

Asked by Anonymous at 10:29 PM on May. 23, 2011 in Money & Work

Answers (13)
  • Contact an experienced attorney or a housing agency for the proper advice. All states are different

    Answer by xxlilmomma09 at 10:33 PM on May. 23, 2011

  • I'm not completely knowledgeable on it, but maybe the best thing to shoot for would be small claims court? Just to end the lease early and legally. That way you can get out like you want to but not suffer any loss of expenses or headaches. That would be my best approach. If it's written in the lease then they should abide by them as well, it's not just a one way street.


    Answer by DJsMommy610 at 10:35 PM on May. 23, 2011

  • Go to your local courthouse with your lease, and what you said here, and see if there is anyone that can help you.

    Answer by Rosehawk at 10:37 PM on May. 23, 2011

  • Also take pictures of the mold in the hallway.

    Answer by coala at 10:40 PM on May. 23, 2011

  • the thing is, we live on SSI right now because my child is disabled and i have to stay home to care for him. ssi cant be garnished if i were to get sued by the management company

    Comment by Anonymous (original poster) at 10:43 PM on May. 23, 2011

  • You said that you have a child with special needs. Do you have a service coordinator or a social worker. If you don't, get one. The social worker can guide to the process of switching apartments. You will NOT lose your deposit. Having a child with a disability can be very stressing sometimes. It can make you vulnerable. You are not alone. Contrary to popular believe your child has far more rights. The law protects your child.

    Answer by MMXI at 11:45 PM on May. 23, 2011

  • Get with your SSI case worker, they take rental laws very seriously and can help you through the legal channels

    Answer by customcat2000 at 12:45 PM on May. 24, 2011

  • Contact your state's housing agency - sounds like serious health violations to me.

    Answer by tasches at 2:24 PM on May. 24, 2011

  • If they're breaking that rule they could be breaking more. Contact Code Enforcement for your city to get an inspection. The management won't know who called them out.

    Answer by gdiamante at 4:15 PM on May. 24, 2011

  • write them a letter, send it certified so that you have documentation that they received it. and in that letter you include the pictures of how the walls and floor looks and explain that if the situation isn't corrected within 2 weeks time that you will have someone come and take care of it and have it deducted from the rent. as far as the other stuff goes keep complaining and again send the letter certified that you will break the lease for non-compliance of the lease. as far as the animals and the loud music, the smoking. see what kind of reaction you get. make sure you address it the management office (corporation if they have one)

    Answer by lucky35 at 4:16 PM on May. 24, 2011

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.