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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Can I break my lease? Please help!

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Old Jul 8th, 2008, 04:28 PM     #1
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Default Can I break my lease? Please help!

I am renting one bedroom of a two bedroom condo that belongs to my roommate's parents. I have a one year lease with her parents as the landlord that ends on October 31, 2008. In the lease, its says that the lease may only be terminated by 30 days written notice by either party. Does this mean that I am able to terminate at any point, given that I send a 30 days written notice? Or does this mean that I need to give 30 days written notice before the end of the lease?

Also, stated in the lease that the maximum number of occupants is 2 people. However, my landlord, is in violation of this section, since they allowed another person to move in and this person is paying rent as well, now making 3 tenants. Does this make the lease null and void? Can I use this as reason to terminate the lease?

Please help!
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Old Jul 8th, 2008, 05:31 PM     #2
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Default Re: Can I break my lease? Please help!

Why would you send the LL a letter 30 days before the end of the lease?

If the lease says "either party" that's what it means. Your friend's parent were probably trying to be nice to you, letting you get out of the lease with only a 30 day notice.

Good luck
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Old Jul 9th, 2008, 11:41 AM     #3
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Default Re: Can I break my lease? Please help!

The maximum number of occupants is 2 IN YOUR ROOM, not in the whole house. That is your limit, not theirs.

You do not have a one year term lease. If your "lease" says either party may terminate by giving 30 days written notice, you have a month to month agreement. You or the LL can terminate with 30 days written notice delivered to begin with the start of your rental period.
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