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[OT] ? about breaking a lease

Posted by on Feb. 13, 2009 at 5:40 PM
  • 13 Replies

 My DH and I are renting an apartment right now. We moved into this complex at the end of July, which is when our lease runs up. We are expecting our first child and she is due around April 22nd. We are really hoping to get a loan for a house, we looked into it today and have to wait until Mon or Tues. to talk to someone. Well if we do qualify for a loan we are going to move out ASAP which would leave about 5 or so months left.

Well in our lease I believe that it states that each apartment is equipped with a microwave. Well the day we moved in she told us it would be a few weeks before we'd receive one. It's now February and we still have yet to receive one! This is crazy and it's driving me insane. I keep bugging her about it and last week she said she'd order more and that it would be installed on last weeks Friday or this past Monday. Well still no microwave. I talked to her on Tuesday and she said sometime this week. Well it's Friday and only 20 minutes left until the office closes.

Do you think we can break our lease over this if it is indeed stated in the lease? That way we wouldn't have to pay the rest of the rent if we do indeed get a house loan.

Sorry.. hope this all makes sense.

by on Feb. 13, 2009 at 5:40 PM
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Replies (1-10):
NESmith63
by Bronze Member on Feb. 13, 2009 at 5:44 PM

Sorry...legally no you cannot break a lease over not getting a microwave. You can talk to the landlord and see about possibly getting out early but a microwave isn't a legal reason.

 


                 expecting girl                                      baseball
            Makayla  due 2/23/09!!                                  Matthew Dylan 3/9/05




Chilosa
by on Feb. 13, 2009 at 5:45 PM

 Right now i'm also on a year lease but i talked to the lady and she said if by any reason I need to move give her 2 weeks notice... Talk to her about it...

Fuzzi Bunz at Nurtured Family

Elfgirl101
by on Feb. 13, 2009 at 8:15 PM

Sorry, not getting the microwave is not legally a reason to break a lease (although if you did have a written agreement that you were to get a microwave, then you could take her to the rental tribunal & force her to give you a microwave).

BUT... maybe you could use the microwave as leverage? KWIM? Ring her up, state that you're very unhappy that you haven't received a microwave yet... you're thinking of taking it to the rental tribunal... you "feel" like it's got to the point where you want to move out, etc etc??? (Don't let her know that you have another reason for wanting to move out perhaps?)

Maybe she will feel that it is not worth the hassle & will tell you you can move out if you'd like?

I'm not sure if this would work, though - do you think she would react in this way?

If she does say it's okay for you to move out, & that there will be no penalties, then make sure you get that in writing.

Congrats on your baby & best of luck!


tinkerxbell
by Member on Feb. 13, 2009 at 8:19 PM

at my old complex you could LEGALLY break your lease if you bought a home, you just had to have the deed to the home. I don't know if thats on a company to company basis, state to state basis or what but you should look into it.

lilbeansmommy
by on Feb. 13, 2009 at 8:29 PM

I have to disagree with the previous replies.  If it's stated in your lease agreement that the apartment comes with a microwave and you do not have one- then it breaks the lease.  IE they are not following through with the lease terms/agreement.  This constitutes as a breach of contract.  On the other hand, if the lease doesn't say anything about the microwave, or you don't have it in writing then no.  Also most places will let you out, if you can find someone else to lease the apt, or if they can fill the apt. 

What state do you live in?  Different laws apply to different states.

elismom122003
by on Feb. 13, 2009 at 8:36 PM

That is always what I have been aware of. You are obligated to keep up your end of the lease and so are they. Otherwise how could they evict you for one little thing. You can get out of your lease, I am fairly positive because they haven't kept their end of the lease up, that is a breach of contract just like if you broke a rule.

Quoting lilbeansmommy:

I have to disagree with the previous replies.  If it's stated in your lease agreement that the apartment comes with a microwave and you do not have one- then it breaks the lease.  IE they are not following through with the lease terms/agreement.  This constitutes as a breach of contract.  On the other hand, if the lease doesn't say anything about the microwave, or you don't have it in writing then no.  Also most places will let you out, if you can find someone else to lease the apt, or if they can fill the apt. 

What state do you live in?  Different laws apply to different states.


pregnancy

peaches330
by on Feb. 13, 2009 at 8:38 PM

I don't think that's really a good enough reason to break the lease but I'd just talk to your landlord about it. Plus you should wait til you get the ball rolling with buying a house anyways. It's not typically one of those things where you get a loan pick a house and move within a couple weeks. There are inspections and a lot of paperwork to deal with. I know some instances where it has taken a few months to close on a home so I wouldn't put in your notice or anything like that yet. I'd just see what happens and get the ball rolling and talk to them about it to see what their policies are.

NESmith63
by Bronze Member on Feb. 13, 2009 at 8:58 PM

Well thats the thing.  You can't get evicted for just anything. Its actually quite hard to legally evict somebody! Even for something as big as not paying their rent! If you TRIED to use the microwave as an excuse you would have to show proof that you tried hard to recieve one (ie sent certified letters requesting it etc...) If you ended up in landlord/tenant court i highly doubt you would win with JUST the microwave backing you. Its hard to get out of a lease without being let out by the landlord. I would bet that you would leave court with an order to get you a microwave. Legally you could bring your landlord to court to get a microwave but thats all you could do. They would also question you on why you have lived there since July and havnt done anything until Feb.

Also I would highly suggest you dont go with the other persons suggestion of threatening the landlord with breaking the lease because of the microwave......you would just get the microwave and then you would still be stuck in the lease.

I really would say just to talk to your landlord and explain your situation. She may just let you out with a small penelty like loosing your security deposit or something

Quoting elismom122003:

That is always what I have been aware of. You are obligated to keep up your end of the lease and so are they. Otherwise how could they evict you for one little thing. You can get out of your lease, I am fairly positive because they haven't kept their end of the lease up, that is a breach of contract just like if you broke a rule.

Quoting lilbeansmommy:

I have to disagree with the previous replies.  If it's stated in your lease agreement that the apartment comes with a microwave and you do not have one- then it breaks the lease.  IE they are not following through with the lease terms/agreement.  This constitutes as a breach of contract.  On the other hand, if the lease doesn't say anything about the microwave, or you don't have it in writing then no.  Also most places will let you out, if you can find someone else to lease the apt, or if they can fill the apt. 

What state do you live in?  Different laws apply to different states.

 


 


                 expecting girl                                      baseball
            Makayla  due 2/23/09!!                                  Matthew Dylan 3/9/05




VaNavyMom2b2009
by on Feb. 13, 2009 at 9:03 PM

IMO its a little sad to use a microwave as an excuse to get out of a lease. A microwave is NOT something you could use anyways, considering, if you bring it up they can easily put it in.

Also, you are pretty much stuck unless you pay the rest of the rent. It is NOT wise to break a lease as early on as this. We got out of 1 lease due to the military moving us. THAT is legal. And, valid. (used as an example).

But, this is something that IS in your lease, if you look at it, with the requirements listed if you decide to break it. And, you will not get your deposit back. Be aware of that. We went through that to last July when we bought our home. But, our lease was to expire 1 month later...not 5.

I know in VA you can actually get sued. Read your state laws and leasing laws. It is mainly for the landlord anyways.

You should be consulting your landlord/Complex.

Quoting Kierri:

 My DH and I are renting an apartment right now. We moved into this complex at the end of July, which is when our lease runs up. We are expecting our first child and she is due around April 22nd. We are really hoping to get a loan for a house, we looked into it today and have to wait until Mon or Tues. to talk to someone. Well if we do qualify for a loan we are going to move out ASAP which would leave about 5 or so months left.

Well in our lease I believe that it states that each apartment is equipped with a microwave. Well the day we moved in she told us it would be a few weeks before we'd receive one. It's now February and we still have yet to receive one! This is crazy and it's driving me insane. I keep bugging her about it and last week she said she'd order more and that it would be installed on last weeks Friday or this past Monday. Well still no microwave. I talked to her on Tuesday and she said sometime this week. Well it's Friday and only 20 minutes left until the office closes.

Do you think we can break our lease over this if it is indeed stated in the lease? That way we wouldn't have to pay the rest of the rent if we do indeed get a house loan.

Sorry.. hope this all makes sense.


2milesboys
by on Feb. 13, 2009 at 9:04 PM

we were told our lease was already broken cause it was for a 3-4 bedroom house and its only a 2 bedroom.

anyway getting a loan takes time anyway so who knows when youll actually be able to move

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