Need to end lease due to allergies

This may be an "urban legend" but is it true if I give my 30 day notice and turn in the keys that I am no longer liable for my lease?

I am suffering from horrible allergies in my apartment. I ended up in urgent care 2 weeks ago. I went to the allergist to see what is going on, and I am allergic to dust and cats (per prick test). The previous tenant had a cat and I have carpets.

I bought a steam cleaner and have been cleaning the carpets once a month, replaced the filter on the heater, have no drapes, replaced my down comforter with other, have all the dust mite pads neccessary, and am a clean freak. This has done nothing- when I look closer I tore up a corner of the carpet to see what was underneath and there was no carpet pad, just plywood (not hardwood). I have asked how old the carpets are and received no response.

I became so sick that my neighbor came over to make sure I am ok as she works at 4 am and could hear me coughing all night. Her allergies have been horrible in this building as well. I now have to take a daily asthma inhaler. I am 29 and have never had asthma in my life.

Help! How do I get out of my lease? I can't function and walk around my place with a painters mask as it is the only thing that somewhat helps.

This is an urban legend. Your medical condition has nothing to do with your LL. You were not guaranteed a pet free unit nor did you ask for one. You cannot terminate a lease without penalty. You didn't mention which state you are in, but that would tell how much of a penalty that you would be responsible for. Had you only a month to month tenancy, you could terminate by giving the state required amount of notice. But not a lease.

I suggest you contact the LL and ask about terminating. Expalin the situation, maybe he will be sympathetic. See if you can negotiate a lease break fee to get out of your lease. If the LL OKs it, get it in writing that you will no longer be obligated under the lease once you pay the fee. If he refuses, see if your lease allows subletting. You could find someone else to pay you the rent on the unit while you live elsewhere, until the lease ends. Then give notice to vacate.

If he won't allow either, your only choice is to break the lease. Please post your state and I can tell you what the penalty would be per your state laws, and if the LL has an obligation to minimize the lost rent that you would be responsible for.

Hi, I live in California and have a few updates since I last posted this. I gave my 30 day notice at the beginning of December. I had several open houses and several interested people who wanted to move in on the first. However the property manager decided to enjoy her vacation instead of processing anyone's paperwork. Finally a tenant was so interested they googled the landlord themselves (at which point I found out the property manager was being negligent) and was put in contact with the regional manager. All inall they took 3 weeks to process this potential tenants paperwork and now they backed out because they don't want to move into a place with such lousy management (nor do I blame them). I have in writing an apology from the property manager saying she was sorry she had not made this top prioirty but was "ready now." This came after I filed an official complaint to the landlord. The regional manger even aknowledged the lack of responsibility and that he had gone to the office and seen several unprocessed applicants (AHHH!). It has been beyond 30 days, if I wanted to hire a lawyer do I have a case due to negligence on the property managers part? I have NEVER sued anyone in my entire life nor have I ever even considered it. I am extremely easy going and I htink the property manager took me for granted. Long story short, I am frustrated, stuffed up, and at my witts end. help! =)

You may have a problem with suing. Officially, the unit has only been vacant 13 days. The property manager probably did not have to process any applications until the unit was vacant. It would be nice if he/she was "on-the-ball" and had done it early to make sure it was rented as soon as you vacated, but I doubt if any law says he/she has to do anything until it actually becomes vacant. Most state laws say he has to take prompt steps to re-rent after you break the lease. Not before you do so. (You haven't broken your lease until you moved out.) So you would have to prove that he failed to process applications from January 1st on. Anyone who applied before you moved out has to do their own due dilligence in checking to see if their application has been processed. (How can you hold anyone responsible to process applications on a unit that isn't vacant? How can you sue because they haven't found a replacement in 13 days?)

Also, the PM isn't responsible to put your vacant unit ahead of any other unit that is already vacant. You have to wait your turn, so to speak. Breaking a lease isn't without consequences, as you are finding out. Anyone breaking a lease should expect to pay for at least a month or two of rent beyond their move out date. Most judges belive this is a fair amount of time to find a qualified replacement tenant.