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Getting out of a Lease due to death in the apartment
Anonymous2 views1 answers
How do I get out of this lease!!?
My landlord states that I cannot get out of my lease through a buy out option nor will she allow my roommate assume the apartment completely because she wants TWO names on the lease. In addition, she suggest that I find someone to assume my part on the lease and they pend on her approval....of course!
I found someone and yet she disapproves because she FEARS the girl doesn't make enough money to pay the whole rent. Also this apartment complex has a dog walker/sitter living here and she allowed my roommate to bring in a dog yet she denies this girl because the chick has a dog! WTF? Check this: my roommate and I didn't have jobs when we signed the lease so I know landlord didn't check references!!!
Recently I have found out (after research) that a former tenant died in this apartment two years ago. My roommate and I were not made aware of this. Due to the failure to disclose the death in the apartment...is this sufficient enough to get out of the lease???
Help!!
Dear tenant,
Sounds like you have a couple of great defenses to a breach of contract action. I specify that you have DEFENSES because nothing can stop the landlord from suing you for breach of contract.
A lease is nothing more than a contract between two people. If you break the lease, your landlord is entitled to sue you for money damages that flow from the breach of contract. First, however, she must "mitigate her damages." That means, if you have a lease for two years, and you have to leave after one year, the landlord must do everything in her power to rent out your unit. She can't just let the unit sit empty for the additional year and then sue you for that time period when SHE left the unit empty. For the same reason, she can't just deny you the right to find a new roommate for no good reason. So "failure to mitigate" her damages is one defense you would have IF the landlord sued you for the remainder of the lease.
If someone died in the apartment, and the landlord did not disclose that fact, this would be a SECOND defense to a lawsuit for breach of contract.
If as you say you are moving out of state, the odds are pretty slim that your landlord will sue you. Well, she might sue you, but how would she collect on a judgment? And, like I said, you have great defenses.
My advice is to just leave. It's your call whether to let the landlady know where you are going.
Fran Campbell
