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Kind of need opinions on this...... (edit from an old post)

Posted by on Aug. 12, 2009 at 1:27 PM
  • 13 Replies

I found a place, now we need to get out of this lease. Lease is up the end of November but we are supposed to move to the new place sept. 15.

There is a nasty moldy hole in the bathroom ceiling, heat was shut off in the middle of winter so the baby got sick atleast 4 times from that(I can get his doctor records), when we went to sign the lease we asked for a 7 month but the lady signed us up for 12 and said if we want to leave after 7 we can talk about it(she doesn't even work here anymore).


The cold starts in october so I want to be out of here by then, the hole has been there for atleast 5 months and no one will fix it they always say "yes, ok, someone will be over to fix it" or " we will send someone tomorrow"(called atleast 10 times in the past 2 months and personally talked to maintenance about it a few times)

My mom says I need to write them a letter with the pictures and keep a copy, I suck at writing letters. Wanna help with that too? Or at least tell me how to start it?

 

 

 

I have the letter done but would this, above^, be considered neglect? It has been this way for a couple of months, and we have been trying to get them to fix it. (since Feb. or March) 

 

Here is what it says on the tennant/landlord laws website for my state:

 ~Under the new law of "implied warranty of habitability" it a landlord refuses to make necessary repairs, the tenant may, after proper notice, break his lease before it runs out.

~When repairs are needed, the tenant should tell the landlord what is wrong, in writing, and give the landlord a chance to make the repairs. If the tenant has trouble getting the landlord to make the repairs, there are several things the tenant can do

Call the City Bureau of Codes Enforcement and request a housing code inspection (see Section III).

*Terminate the lease and move out.*

 

Arrange to have the repairs made himself/herself by a reputable repair person and deduct the cost from the rent. (Warning -- this procedure can be dangerous if done without the landlord's agreement. Read Section C below carefully before using this remedy).

 

All of that info is from http://www.thelpa.com/lpa/landlord-tenant-law/pennsylvania-landlord-tenant-law.html

 

 

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by on Aug. 12, 2009 at 1:27 PM
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Replies (1-10):
OwensMama824
by on Aug. 12, 2009 at 1:31 PM

If you can't help atleast BUMP please

Mommi229
by on Aug. 12, 2009 at 1:37 PM

bump.

i lived one the top floor of an apartment building and the flat roof started leaking one day. We had drop ceilings and eventually, I kid you not, the entire dining room ceiling collapsed. My landlord knew all along, and lived 2 floors down and he NEVER fixed it. I had buckets and plastic tarps all over my apartment for months. And of course it was the rainiest summer ever. The landlord was PISSED when I stopped paying rent and packed my stuff and moved out one day.

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by Head Admin on Aug. 12, 2009 at 1:44 PM

 

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25beengoodtome
by on Aug. 12, 2009 at 1:45 PM

Keep it clear and simple.

 

 Dear_____________(landlord/property owner)

 Due to possible health hazardspossibly caused by the dis-repai of ceiling in the shower/bath in apt.#________, we are FORMALLY  requesting to be released from the tennant lease agreement, on __________. With no fines or fees for release from lease. This is more than 30 days notice, the apt. will be empty and clean when we leave on__________

                          Sinverely.________________

Just an idea, good luck.

~Marie~, ABSOLUTELY ADDICTED TO CAFE MOM and loving it!
MsPsychotic
by on Aug. 12, 2009 at 1:56 PM

Firstly, you need to take dated pictures (set and activate the date feature on a digital camera). Keep a copy for yourself, make a copy for your landlord. Next, write a letter explaining the damage and the dates that you've called to have it repaired and were ignored. Ask that it be fixed within a reasonable time frame (5-7 days is a reasonable time frame), or you'll contact a company to have it repaired and you'll deduct the cost from your rent. Keep this letter and pictures for the landlord.

Now, call the landlord. Advise her that you've found more suitable living (where there isn't a moldy hole in the ceiling and where the furnace is reliable and won't break in the middle of winter) and you plan to move and you ask that she cancel your lease. Remind her of what was said in the beginning, that she'd be willing to consider it.

If her answer is no, then mail the letter and pictures (certified, return receipt). Then you have to wait and see what the answer will be once she receives the letter.

Unfortunately, from a legal stand point, if you sign a lease you are obligated by fulfill it. You can move, they can't stop you from moving, but they can legally hold you to the lease you signed. So you'd end up having to pay the remainder of the rent on your current place even after you've moved out.

OwensMama824
by on Aug. 12, 2009 at 1:57 PM

I like that as a start, thanks.

Quoting 25beengoodtome:

Keep it clear and simple.

 

 Dear_____________(landlord/property owner)

 Due to possible health hazardspossibly caused by the dis-repai of ceiling in the shower/bath in apt.#________, we are FORMALLY  requesting to be released from the tennant lease agreement, on __________. With no fines or fees for release from lease. This is more than 30 days notice, the apt. will be empty and clean when we leave on__________

                          Sinverely.________________

Just an idea, good luck.


dydy777
by on Aug. 12, 2009 at 2:02 PM

Reread your lease agreement and see what it says about getting out of the lease early. Also look and see what it is that it says is the apt complex's responsibility. Inform them that you know that they are not following their lease agreement by not fixing whatever it may be and that it is a breech of contract on their part and you wish to be released from any further obligation regarding the apt. It may go to court though so be prepared. Good luck.

Dyanna




 

luvinmom87
by on Aug. 12, 2009 at 2:06 PM

 if you dont want to cause any trouble you should find out who does the work (fixing stuff) go directly to that company and talk to them about coming to ur place and doing it themselves. Or if your landlords do it, then hire somebody and bill it towards ur landlord. and if ur landlord refuses to pay tell them that either they pay them or its coming out of your rent. they are the landlord and are responsible for ALL repairs.

thats a bunch of bull that you are going thru all that and have a child on top of it who has gotten sick....stand ur ground

Dear (landlords name),

I live in (apt# or wherever) and name, and I have been having trouble with the ceiling in my shower. I have called over 10 times in the past two months. I have been getting the run around by everyone. I have talked to the maintanence people and they havent gotten anybody up here to fix it. Either you have maint. come up and fix the hole or I will find somebody to do it and bill them to you. I would hate to do this but it is getting rediculous how irresponsible your running this place.

then you should threaten to take them to court...becuase the mold is a health violation and can be dangerous to you and ur babies health. if you want...but take pictures and send those along to. but DO keep copies. and if they refuse to fix it then just leave after two months and if they complain....tell them it was becuase of the moldy ceiling. thats what i would do. But try to be polite about it in the letter...i might not be the best letter writer either......i get alittle bitchy towards the end there but if they have been slacking it might put a fire in their ass and get them moving

OwensMama824
by on Aug. 12, 2009 at 3:47 PM

OK here is what I have so far. Thanks for the help, I did copy, paste then I did a little edit.

 

 

 

Dear Forward Management,
 
 I live in apartment C7 at Brentshire gardens, and I have been having trouble with the ceiling in my shower. I have called at least 10 times in the past two months. I have been getting the run around by everyone. I have also talked to the maintanence people and they havent gotten anybody up here to fix it. We also had a problem with the heat this past winter, it was shut off more than once for a couple of days at a time. My baby boy has gotten sick a number of times because of the lack of heat. I hate to do this but it is getting rediculous how irresponsible your running this place. We will be moving into a new apartment elsewhere. We are formally  requesting to be released from the tennant lease agreement, with no fines or fees for release from lease. This is more than 30 days notice, the apt. will be empty and clean when we leave on September 15, 2009. Also, there were no blinds when we moved into this apartment, I WILL NOT be paying for that. 
 
 
Pictures of the cieling are enclosed with this letter, I can also get the baby's doctor records if you would like to see them.
 
 
                                                                                                           (NAME)
                                                                                                           Apartment XX, Brentshire Gardens
                                                                                                           (phone number)
 
 
 
 
GOOD? What do I need to fix?
7babies4me
by on Aug. 12, 2009 at 4:06 PM

I have a rental property and there are always ways to get out of a lease, especially if the property is neglected.  Laws from each state vary, so you may want to call the state board that covers landlords and tenants.  It tells a landlord how long they have to complete repairs and what is and isnt acceptable.  Once you send a letter, get it registered mail so you get a reciept AND copy the state department that covers these issues.  Good luck. 

BTW... I made some changes below. 

Quoting OwensMama824:

OK here is what I have so far. Thanks for the help, I did copy, paste then I did a little edit.



 

Dear Forward Management,
 
 I live in apartment C7 at Brentshire gardens, and I have been having continuous trouble with the ceiling in my shower. I have called at least 10 times in the past two months to no avail. I have been given the run around by employees and staff.  I have spoken with Fred Flinstone as well as Wilma and Barney. I have also taken time to talk to the maintanence people, who have also neglected to send someone to repair the problem. In addition, there was a problem with the heat this past winter, it was shut off more than once for a couple of days at a time. My infant son has gotten sick a number of times because of the lack of heat. I would like to terminate my lease due to unacceptable living conditions. It is not acceptable for my family to be put at risk due to neglect. Please consider this my final notice, we will be moving into a new apartment where the living conditions are proper.

We are formally  requesting to be released from the tennant lease agreement, with no fines or fees for release from lease. This is more than 30 days notice, the apt. will be empty and clean when we leave on September 15, 2009. Also, there were no blinds when we moved into this apartment, I WILL NOT be paying for that. 
 
 
Pictures of the cieling are enclosed with this letter, I can also get the baby's doctor records if you would like to see them.
 
 
                                                                                                    (NAME)
                                                                                                    Apartment XX,
                                                                                                   Brentshire Gardens
                                                                                                   (phone number)
 
cc: Front Office
cc: Maintenance
cc: State oversite.. (whoever that is)

 
 
GOOD? What do I need to fix?


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