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Re: Ending a Lease early
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Just can't stay away
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The advice you've gotten is sound, especially the part about getting the city housing enforcement people involved so you have official documentation of your complaints, not just your own word.
When you contact them, you will find they are rough spoken people who have been diddled and played with by both landlords and tenants alike. So be prepared for some skepticism and blunt questions. But underneath that gruffness, you will find they are competent, honest and genuinely interested in doing the right thing. If you have a case, they will do the right thing for you. Also, the web site you were referred to is essential reading for anyone who is in - or expects to be in - a dispute with a landlord. One thing you will see in the explanation of your rights is the issue of habitability. It has been used as grounds to break a lease but you had better be careful that you are on sound grounds before you make such a claim and move out, thus breaking the lease. Landlords have rights, too. If you have issues that make the place uninhabitable you have a responsibility to advise the landlord, in writing, and give him a reasonable opportunity to correct them. How long is reasonable? I don't know. That's why I say, be careful here. I'm guessing it's at least 30 days because that's what the same body of law requires the landlord to give you when he sends you a formal complaint that you are violating the lease and to correct whatever prompts his complaint. Note I said, it's my guess. I am not a lawyer. If you should move out before the lease is up you could be sued for the rent - up to the remaining time of the lease - until the time that the landlord can mitigate his losses by getting a new tenant at the same rent. But once you withhold rent to force him into court, or if you move out before the time of the lease is up, and he comes after you for breaking the lease, you had better have a solid case, supported by evidence (photo's of the issues, repair bills, housing inspector reports, etc.). Good luck. You are fortunate to be in NJ where landlord / tenant law is fair to both parties.
Posted on: 2008/2/14 4:41
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Re: Ending a Lease early
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Home away from home
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2006/4/18 0:04 Last Login : 2021/10/2 19:00 From Jersey Cxxx
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This site should answer most of your questions and you can easily send a formal since they seem to be in default of the lease agreement. If they choose to play hardball, you will see the rights you have in court if it ever comes to that.
http://www.lsnjlaw.org/english/placeilive/irentmyhome/
Posted on: 2008/2/10 7:02
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Re: Ending a Lease early
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Newbie
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Actually, I've been trying to solve this via other resolutions, but the issues this building has seem to persist unfixed. I do not feel I should be forced to align my furniture in a specific manner just because of the leaking ceiling.
All of my complaints I listed earlier happened over a series of months. Constant complaints have proven futile, attempts at fixing the problem have proven just as futile, and I KNOW the apartments that I lived in aren't the only with issues. Eventually they offered to change apartments. I accepted their offer some months ago (some of the apartments on this floor do not have issues, and I guess I was just optimistic), but the new apartment has many of the same issues as the old apartment. I was willing to deal with lots of ****, but their entering my place without my permission was the last straw.
Posted on: 2008/2/10 5:25
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Re: Ending a Lease early
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Home away from home
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After being there almost two years, it sounds like you want to end your lease early for reasons other than because there was a roof leak and there might be mold in some wall. If your landlord is smart he will likely let you out of your lease the two months early - but it is hard to really think you are worried about mold issues - otherwise why wait 22 LONG months.
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Posted on: 2008/2/10 1:30
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Re: Ending a Lease early
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Home away from home
Joined:
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Call Housing Code Enforcement.
Posted on: 2008/2/10 0:38
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Ending a Lease early
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Newbie
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I was wondering how easy it might be to end a lease a few months before it was scheduled to end. I rent on the top floor of a renovated building in the Powerhouse District, and have been for a little less than two years, the length of my lease. These are a selection of the problems that I've encountered:
- The first rainstorm, water leaked in from my skylight. - Water from a possible separate leak has run behind the walls to stain my walls in my living and dining areas. - Water has puckered the drywall in my entrance and bedroom. - Water stains that run the entire height of my bathroom along a drywall seam. - Dripping leaks in my sleeping area(enough to measurably bubble the paint), along with associated stains in the drywall. - Arcing electricity flicker the lights. In fact, on more than one occasion a lamp that was "off" flickered alight due to the arcing. - Other electricity problems have caused the smoke alarms to intermittently beep. Cutting the circuit breaker did not solve the problem. The beeping got so frequent one night that I was forced to spend the night in a hotel. These problems returned the following winter. - Repairmen have entered my apartment without my verbal or written consent to fix (what I consider) a non-emergency situation. I took the opportunity to change to a different apartment on the same floor. I changed apartments halfway through the lease. However, many of these problems have followed me to the new apartment. I have taken pictures of each of the above situations, save for the arcing electricity. The water issues are claimed to have been fixed. I have seen workers re-paint and re-plaster certain affected areas. However, I have not seen the leaks themselves be fixed and water has re-entered the apartment via the walls. Often, I will see evidence of water damage days after an actual rain. I still fear breathing in mold and mildew, and for that reason, would like to end my lease early. Can I claim that they have not held up their end of the agreement? If not, what can I claim? Thanks in advance for your suggestions.
Posted on: 2008/2/9 23:55
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