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Breaking a Lease Contract

Just like it says.. a forum for discussion of these things.

Breaking a Lease Contract

Postby jerkrussell » Mon Mar 02, 2009 2:01 pm

I signed a 2 year lease for my house here. I have 11 mos. left and want to move. The lease states a 3 month penalty for breaking the contract. I have had myriad problems with the house, ceiling fell down due to water leaks, a chandelier fell onto the dining table, numerous water problems, oven broken for 3 mos and they say they can't fix it right now. I am paying (don't flame pls, moved from a very expensive city and was stupid) 43krmb per month.
I believe I have the right to terminate the lease as the house is a piece of crap.

Should I get an attorney?
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Postby MoonOverMiami » Mon Mar 02, 2009 4:01 pm

Check the terms of your contract. See if there is an exit clause where it states that if the landlord can't/won't fix/replace broken items in your rental, then you have the right to terminate the contract.
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Postby underh20 » Mon Mar 02, 2009 6:07 pm

Stop paying the rent and when you are about even with whatever your deposit is, move. You'll have to have a good story to tell your landlord so he thinks you will be paying in another month or so and not evict you.
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Postby donkeykong » Tue Mar 03, 2009 12:04 pm

jerkrussell,

There are no quick solutions to these issues, and your patience will really be tested. But because the contract says what it says, odds are against you. Your best option is probably to resolve this issue and fulfill your contract.

Seek consultation from either a real estate agent and/or a real estate attorney.

Document everything as objectively as possible: what is broken, where the problem spots are, how long each item has been malfunctioning or not working. Then meet with your landlord with all your stuff in writing, and get him to agree (in writing) that he will fix each of those items by a certain deadline (each item with a different deadline if you like).

If he refuses to do so, definitely get an attorney. Good luck.


underh20 wrote:Stop paying the rent and when you are about even with whatever your deposit is, move. You'll have to have a good story to tell your landlord so he thinks you will be paying in another month or so and not evict you.

I wouldn't recommend that, especially since you are probably registered with the police and/or the landlord has a copy of your passport.
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Postby Crystallu » Tue Mar 03, 2009 2:05 pm

Attorney's suggestion: First, you must keep the evidence of such malfunctioning facilities for future litigation if necessay; Second, notify the landlord in writting the current living situation has threatened your safety, if he fails to repair the above facilities within the stipulated time and cannot provide the safety and normal living conditions, you will terminate the lease contract and charge him for the liquidated damages.
Of course, you have to review the details in the lease contract. Is there any stipulation about termination of the contract in advance?
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Postby underh20 » Tue Mar 03, 2009 2:24 pm

donkeykong wrote:
underh20 wrote:Stop paying the rent and when you are about even with whatever your deposit is, move. You'll have to have a good story to tell your landlord so he thinks you will be paying in another month or so and not evict you.

I wouldn't recommend that, especially since you are probably registered with the police and/or the landlord has a copy of your passport.


The police will not get involved in cases like this. :roll:
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