I was wondering who all out here has broken their lease and to see if anyone has been successful at breaking a lease in "good standing" Did the landlord try and sap you for too much, or when they billed you was it for the correct amount due? I was reading the only free copy of a lease agreement for North Carolina I could find online and it gives a section for abandonment stating that the landlord may obtain posession of the premises and relet the premises for the unexpired term of the lease. It then goes on to say that they then can hold the tenant liable for any difference between the rent and what would have been paid. I read this to mean, the only way they can claim full rent for the time through the end of the lease, is if they leave it vacant for that time. Here's my situation. Last August I signed a 1 year lease on this rental house. Then within a few months, I realized the reason the rent was low. There is a mental health facility about a half mile away, and every day patients of the facility walk back and forth on the road in front of the house. It has oil heat, and an oil burning furnace from the 60's and is going through about $300 worth of oil each month. (Add that to my $70 electric bill and it looks much worse than the worst last year in the same sq ft home with electric heat around $280) Then on Christmas day the wireless home security alarm called us in another state to let us know that the alarm had gone off twice. I have a 1 and a 2 year old, so safety is somewhat of a concern to me. What I was thinking of trying to offer the landlord is we'd return the keys to her the day after we move out to allow her to inspect, and pay for the month after we leave. We also bought carpet for the living room (it was hard wood floor, and again I have a 1 and a 2 year old) which after she saw how nice it was compaired to the ratty old hardwood, she decided to have it perminantly installed so she has an $800 carpet. Also what are the laws about recieving a copy of your lease? She (when we signed it) said she would make a copy and send it to us or drop it by. She never did, and on 1 occation over the first few weeks I asked for it. Then I wrote her about another issue, again asking her for the copy of the lease. Then with December's payment I asked for the copy again. Is there any rule or statute that states that as tenants we're legally entitled to a copy of our lease and any action we can take if refused? Sorry I was so long winded. Thank you all for any assistance.
I don't think that NOT getting a copy helps you in any way - the landlord has your signed copy, that's her leverage. I'm confused in your statement about the rug, did you pay the $800 for the installation - permanently - or did the landlord? These things can be so tricky, if it's not in writing OR the landlord did not pay for it, then the landlord can turn around and claim damages for UNinstalling same carpet. If you have problems and complaints with the place, it's best to document those ASAP. Do you worry about safety of your children - that's an important concern. Heating costs, though certainly something you can raise, are easily outside of the terms of the lease since you were supposed to pay the cost of heating. I'd suggest having some serious discussions w/the landlord about how to resolve this. I've gotten out of leases w/one month paid (security) a few times. Giving plenty of notice and being clear & honest have always worked in my favor in those situations. You can talk to a realtor about how hard/easy it will be to rent your home again. If the market is good, the landlord will be less concerned. And the worst case, if they're really tough about it, is you'll go to the end of the lease. When you negotiate, bring up your additional expenses in finding a place. Maybe there's a compromise, where your rent gets lowered for the duration.
I paid $800 (including delivery fees) to Lowes for the carpet and padding. The landlord decided it looked nice and had it installed becoming her property. I was (since she at first didn't want perminant carpet) planning on just having it gravity held in place, then roll it up and take it with when I moved. Have no problem letting her own a nice carpet. I was planning on letting her know, in writing, of our intentions actually before we look for a new place. Homes in this area rarely are on the rental market more than a month, so my thoughts were to pay for the month after we leave giving her plenty of time to find a new tenant.
And if I understand it correctly, you pay for the carpet and she paid for the installation, right? If so, make sure you mention that to her (perhaps in a letter), say that you actually paid for her to have a nicer place.
