Can somebody help me out with this please? I signed a one year lease with some property management place, I've been there for almost 7 months now and I don't like it there. I've only stayed there for a month in total ( 30 days). I never really thought about the location and finding out more about the building. But it's a party building and people drink there at least 3x a week who don't live there, there was once a drunk women peeing in front of the laundry room once. I'm also wanting it to be a safe place where my kids could spend the night, because I get to see them part-time. Is there any legal way to get out of a place and move somewhere else with this property management? Any other good suggestions/advice would be appreciated.
Most Helpful Guy
That depends on what state you live in.
Generally, your lease is a contract, and there's really no way to get out of a contract without breaching unless the other side agrees to waive their rights under the contract or revoke the contract.
As a property matter, you can always convince the landlord or management to accept your surrender of the lease. You can look at your lease and see if it forbids or restricts assignment of the lease to another tenant (most leases do, it's standard boilerplate, plus the case law in most states presumes that assignments are void unless made with the landlord's prior written consent).
If the landlord or management aren't willing to negotiate, then it's time to exercise your threat value and actually make them start incurring costs.
Start an action in landlord/tenant court for breach of the warranty of habitability, damages for breach of the covenant of quiet enjoyment, and if you're okay with moving out of your apartment . . . constructive eviction (you actually need to move out of your apartment to win on this ground). In order to win, you must have first provided notice to the landlord or management, and they must have basically ignored that notice and done nothing about it.
It's a weak case, but it's an arguable one. All it does is give you a clear bargaining chip to negotiate with. By filing a lawsuit and making those allegations which can be supported by the facts in admissible evidence form, you're essentially creating a potential legal liability for the building or the landlord. They're going to have to make a math decision:
A. Should we risk litigating this case and "risk" having to pay this woman $X,XXX plus forgo collecting rent?
B. Should we just accept her surrender of the lease, just lose 5 months of rent from her, but hopefully rent it within a month to someone else for 4 of those 5 months, so basically only lose one month's rent?
Hmm . . . very difficult choice . . . said no landlord or property management ever!