breaking an apartment lease (our lease has no early lease statement)

We have been renting an apartment for over a year now and we recently decided after the signing of our second year that we want to move out. Our lease however has no early lease statement and when we kindly asked to be released they said we would need to pay the remaining rent (7 months). We want out because the apartment has become way to small for our family. The paint on the bathtub is chipping because the landlord use latex house paint to cover the stains and rust before we moved in. the lady downstairs controls our heat in the winter and our bedrooms receive none, last winter we had to run an electric heater which I do not want to do again for safety reasons. Also the apartment(house converted into two apartments) is not wired to handle all our things if we run our airconditions and vaccum it blows the fuses, if we run our air conditioner and the lady down stairs makes coffee it blows the fuse. We have come to find out the lady downstairs who is realted to the landlord but is not in anyway shape or form on our lease has a working key to our apartment. We do not pay for our utilites because the house only has one of everything so the lady downstairs pays the utilities and we pay a set monthly rent. We have not tried talking to the real estate company that handles our place about our concerns yet because we just want out. So I am looking for help form any one who can give me advice. Thanks

First, what state are you in? This will determine how much of the lease you would be responsible for if you broke it.

Second, the problems you need to address (the wiring and heat) should be covered by writing a letter to the LL and mailing it certified, RRR, and keeping a copy. That is the correct way to ask for repairs. You should have adequate heat, especially since you pay a set rate for this. The tub paint chipping is only cosmetic and is not a hazard if it is latex. It is just unsightly. You should also address the fact that the other tenant has a key to your place and she is not an owner of the house. (She could possess a key if she was part owner, even if she didn't sign the lease.)

Finally, you signed a new lease. That obligates you to that period. The fact that your family has gotten larger is not an adequate reason to break a lease. Lack of heat or insufficent electric service may be.

Please list your state for more info.

Originally Posted by Unregistered First, what state are you in? This will determine how much of the lease you would be responsible for if you broke it. Second, the problems you need to address (the wiring and heat) should be covered by writing a letter to the LL and mailing it certified, RRR, and keeping a copy. That is the correct way to ask for repairs. You should have adequate heat, especially since you pay a set rate for this. The tub paint chipping is only cosmetic and is not a hazard if it is latex. It is just unsightly. You should also address the fact that the other tenant has a key to your place and she is not an owner of the house. (She could possess a key if she was part owner, even if she didn't sign the lease.) Finally, you signed a new lease. That obligates you to that period. The fact that your family has gotten larger is not an adequate reason to break a lease. Lack of heat or insufficent electric service may be. Please list your state for more info.

im not the original poster...however i have a similar issue (no electrical issues though) im in North Carolina and i rent a room....i have 6 months left on the lease, and there is no "early release" clause written in. Do i have any way to get out? I need to leave for job transfer and ive offered 60 days, but ive been turned down for that

[sandyclaus]

Originally Posted by Unregistered im not the original poster...however i have a similar issue (no electrical issues though) im in North Carolina and i rent a room....i have 6 months left on the lease, and there is no "early release" clause written in. Do i have any way to get out? I need to leave for job transfer and ive offered 60 days, but ive been turned down for that

It's simple - if the lease has no early release clause, one doesn't exist. There are not too many reasons a LL would consider good enough to even consider letting a tenant out of a binding and legally executed lease, and the only one I know exists for sure is for members of the Military who are allowed to break their lease without penalty (in most states) if they are reassigned or deployed.

Just because you have a new job is certainly not a good enough reason for a LL to allow you out of the lease without penalty. Just let them know your situation and ask if they will consider releasing you for a fee. If that doesn't work, perhaps they would allow you to sublet the rental for the remaining lease term.

However, if neither option is acceptable to the LL, then you would be stuck with the lease obligation on your apartment until the end of the current term or until LL can replace you with another tenant, whichever comes first,