need advice on breaking apartment lease.

[saberz]

My complex in NJ flooded(garages fully submerged) and came up about 4 or 5ft around the building. Now water did not enter the first floor or the second floor(where I am). People were being evacuated by boat during Irene landfall here, I was smart enough to pack my family and leave the day prior.

I want to break the lease as the complex hasn't had electricity or hot water for two weeks and the concern with mold and sewage residue left all over the complex, possible infestation, I don't want our newborn exposed to that. So I moved all our furniture into storage and advised them I want to terminate the lease on these grounds with a hand written letter. They are stating its fine but I need to pay rent on the unit until a new tenant is found. I don't think its fair given the conditions and not sure what the best course of action is, gonna go back there today and try and talk with the more. I'm currently living at the in-laws, and would take the opportunity to significantly reduce debts and buy a house in an area better suited for a kid

 

[bradepb]

You moved out due to a natural disaster. The place has no electric or water and they still want you to pay rent? Mold and sewage residue? Better contact a lawyer or maybe just the building department of your city, it sounds like it is uninhabitable. Dont pay another dime.

 

[Pablo]

What does it say in writing in the lease agreement itself?

 

[saberz]

It doesnt mention anything regarding to flooding/living conditions, states that breaking a lease results in penalty of loss of security deposit and paying rent till reoccupied. If the place is unlivable it is grounds but they dont define what is unlivable. There is a lot of garbage and debris on the side of all the buildings, a heavy stench, and the afformentioned problems.

I spoke to tye office manager on tuesday and she said np, bring a written letter. So i left, got a truck and rented a storage unit and moved all the furniture into storage and am going to be out this weekend to make it available asap. Dropped off the letter yesterday and she then stated i would be responsible for rent in the mean time till its leased. Given i was on lunch from work i didnt have time to continue the convo. Today i am going in since im off due to flooding in the town where i work, and the complex is also flooding again!

There was a mandatory evacuation it looked like a lake last week. I didnt sleep a wink last night because of this.

 

[sciphi]

I'd say the mandatory evacuation proves the unlivable part. Consult with a lawyer, as I bet they did when they drew up the lease agreement.

 

[Pablo]

Give them a well written letter, but don't mention non-relevant stuff like your children. The place is not habitable. Period. End of lease.

I was just wondering if there is further language.

They should have insurance.

 

[FirstNissan]

Hey, I live in NJ too, one thing for sure is that this state is very pro-tenant. My advice, go in, talk politely but firmly and let them know that you will be contacting a lawyer if they do not cooperate. The building owner has insurance for this situation, you shouldnt pay a dime.

If they play hardball, seriously contact a lawyer. May cost you 200-300 bucks, lawyer will send a legal notice to the landlord, and most likely all will be fixed. Keep us updated and good luck! P.S. Quit losing sleep over it, you will come out on top.

 

[eljefino]

Write the letter, walk away. Should not need to be longer than a couple-sentence paragraph.

IMO they probably won't take you to court but might try to hurt your credit rating.

 

[CivicFan]

Originally Posted By: Anies
My complex in NJ flooded(garages fully submerged) and came up about 4 or 5ft around the building. Now water did not enter the first floor or the second floor(where I am). People were being evacuated by boat during Irene landfall here, I was smart enough to pack my family and leave the day prior.

I want to break the lease as the complex hasn't had electricity or hot water for two weeks and the concern with mold and sewage residue left all over the complex, possible infestation, I don't want our newborn exposed to that. So I moved all our furniture into storage and advised them I want to terminate the lease on these grounds with a hand written letter. They are stating its fine but I need to pay rent on the unit until a new tenant is found. I don't think its fair given the conditions and not sure what the best course of action is, gonna go back there today and try and talk with the more. I'm currently living at the in-laws, and would take the opportunity to significantly reduce debts and buy a house in an area better suited for a kid


Read your lease and see what your contract with the landlord says. Without knowing the specific terms, any advice on BITOG is useless.

The lease may not have language about unlivable conditions. There will be case law in your state about unlivable conditions and broken leases. From what you describe, right now it is unlivable because electricity is a basic necessity.

I think the best route is to consult an attorney.

 

[rshaw125]

If it's that bad the city will condemn the building. It will have to be fixed and then re-certified for habitation.

 

[qdeezie]

Try taking them to small claims court to get out of it.

 

[saberz]

Went back down there and spoke to her, she agrees with me that its best for our newborn to leave and wishes she could do something. The best thing she said is that since I already paid for September, she has a person coming to look at the apartment on Monday as they need a place ASAP or if that doesn't work out there are two others and a Super who need a place.

The company that owns the complex has had this happen before supposedly in 84 with Floyd(unaware). So in the mean-time I am going to finish boxing things up and try to get it empty and primed by Sunday.

The part of the lease agreement that seems to have any type of relevancy is:

Quote:

"A tenant will not be held responsible for rent payments if the tenant can demonstrate that the reason for breaking the lease was that the rental unit was unlivable. "Constructive eviction" is the term used to describe a situation wherein a tenant must move because the landlord does not maintain the rental unit in a livable condition.


Only thing in the 50 page documentation I received that is even close to what is going on. I'd have to bring it to Court etc. The thing that frustrates me the most is that its clearly evident(maybe the owner of the property should come down and see it) that at least my building is in poor shape. The tuesday before Irene hit, they had the foundation of our building excavated and tore a section of it down and began to patch it. Then flood waters from Irene came and that portion was filled with water and from there(its part of the passage way into the garages) it rose up 4ft above ground level(hence requiring a mandatory evacuation for the building and many areas of that town.

Still ripping through paper work now to see if there is anything else :|

This is a copy of "Truth In Renting" Act.

 

[saberz]

Found the lease paper work. And nothing in it to regards to "breaking" the lease in full detail. I only see:

Severance: In the event that a provision or portion of any provision of this Lease shall be held to be unenforceable, null and void or in violation of public policy, the provision shall be severed from the remaineder of this Lease, and the remainder of this Lease shall continue in full force and effect.(wha?)

Breaking the Lease: Should tenant wish to terminate this Lease prior to its expiration date, Tenant agrees to comply with all terms and conditions as may be set forth by Landlord in a written agreement to be signed by all parties at the time. This agreement shall be known as a Lease Termination Agreement.

I have not yet signed the above form, nor will I if there are concessions(as in paying rent till unit is re-rented). The only thing I "did" sign was a concession in rent reduction(a promotion) where they knocked $100 off the rent total per month for the total of the lease(12 months) at the time of obtaining the lease which was in early July. I paid for 3 months, so I would be out $900(don't care about it).

 

[Al]

Lawyer up probably. Problem is getting a good lawyer that won't take you over the barrel..try locating one that someone you know has used.

 

[Win]

Look for clauses in your lease or incorporated documents with phrases like "force majeure" or "act of God".

If you talk to a lawyer licensed to practice in your state, ask him/her about this.

Good luck.

 

[PandaBear]

Usually if the place is rendered unlivable (flood, health hazard, fire, leak, etc), the landlord didn't fix it in time, and didn't provide you an alternate place to live (hotel or motel), then you can terminate the lease with no obligation. If they will not, talk to your local regulation to have them involved. I don't think lawyers can help much other than writing them a threatening letter.

Self regulation doesn't work too well here.

 

[Donald]

A written letter should be all that is needed, the place is not livable. I like to "CC: Shapiro & Shapiro" on some of this type of letters.

And funny thing is now my new doctor is named Shapiro and he is super.

 

[rjundi]

Honestly with a newborn I would be out if not already. Its stressful enough especially with new child.

Small claims may cover your recovery of deposits.

Its not only you but the landlord/local home owners who are out of money. Usually flood insurance is an optional rider folks take since changes are pretty low unless your area is flood prone.

 

[volvos_rock]

Do not loose sleep over this. You should have not paid September if you were not there. You told them already, get your belongings ASAP and walk away. Take pictures of the conditions as evidence (dated) if they try to ding your credit the pictures will explain to creditors anything they need to know. Whoever said they have insurance for this (lost rent) is correct, if it is a large enough complex. I own several rental houses in PA and rarely will waste time/money going after lease breakers (most of my renters are a different sort than yourself though). Take care of your family and good luck.

 

[Mr Nice]

Quote:
I like to "CC: Shapiro & Shapiro" on some of this type of letters.


The Law Office of Goldstein, Feldman, Shapiro and Liberman sounds much better.