topic Re: Lease issue in condo.. in Community Chat

Lease issue in condo..

jenn521976 — Mon, 27 Jan 2014 17:11:18 GMT

Just curious if I could get some input on this.

I moved into a condo at the end of December. have been having a major bug (ant) issue since moving in. Landlord agreed to let me out of the lease since the problem is not getting resolved, and admitted, through text messages and e-mails, that "had she know the apartment was like this she never would have rented it" and "she probably won't re-rent it because of the issue". She also has the the place on the market to sell, and she has since I move in...she claims she never got around to pulling the listing, but that's neither here nor there. She also said, through text, that the issue probably isn't getting resolved because the building is not doing what they should do to treat the issue.

I offered to let her keep security in exchange for me being able to leave.

She also said, in a text message, that "once I move out, the lease is terminated".

I have saved all the messages.

I will be moving out in mid-February. But I just want to make sure I am covered, as far as her trying to come after me after I leave. Like I said, I have all the messages she sent me agreeing that the lease is terminated once I leave.

Is this sufficient, should she try to pull something?

Re: Lease issue in condo..

chrystaltree — Mon, 27 Jan 2014 17:27:56 GMT

Of course text messages aren't sufficient protection for you. They aren't any type of protection for you at all. In all likelihood, she's being honest and upfront with you but you never know. Her issues with her condo association are totally irrelevant, the only issue (that I can see) is you breaking the lease. Since she is aware of the ongoing problem and since she can't or won't hire an exterminator, I believe that's suffient cause to break the lease. Document the problem...on paper, not a text msg or email....document the dates of your complaints to her and document the agreement to terminate the lease upon your surrender of the appartment and that you agree to forfeit your security deposit. You both need to sign and date the agreement.

Re: Lease issue in condo..

scotttie — Mon, 27 Jan 2014 17:31:32 GMT

I have no idea as to the legalities in your area jenn. It can vary from state to state. Text messages may or may not be sufficient proof. Probably cost you $50 to ask a lawyer. Might be wise to do that.

Re: Lease issue in condo..

croemer — Mon, 27 Jan 2014 17:33:57 GMT

Yes they are helpful, though I would draw up a piece of paper with your agreement(In full) between yourselves and have you both sign and copy it.

Re: Lease issue in condo..

Yuban3 — Mon, 27 Jan 2014 17:56:29 GMT

Texts and e-mail HAVE been used in a court of law as PROOF that someone has agreed to something.

It's good that you saved them.

Re: Lease issue in condo..

jenn521976 — Mon, 27 Jan 2014 18:00:54 GMT

She actually did have an exterminator come out..they put this gel down everywhere. Then, the building came and did two treatments and I still have them! The super told me that this is a bad issue in the building and that he hires someone to come spray twice a year but it doesn't really work. He said something about the building is built on sand and that most people on my side of the building have issues. and this is in the dead of the winter, can you imagine what it will be like once it warms up?

Spoke to a few tenants too and the lady next door told me that she has them and that they bite her legs! EWW

Anyway, I asked the landlord if she would sign a letter and she agreed. In it, I put that the lease is terminated and that we would not be liable for any additional expenses.

Re: Lease issue in condo..

croemer — Mon, 27 Jan 2014 18:01:39 GMT

On 1/27/2014 Yuban3 said:
Texts and e-mail HAVE been used in a court of law as PROOF that someone has agreed to something.

It's good that you saved them.

Thats right all the time!! But I am for covering all bases...get it in writing if possible.

Re: Lease issue in condo..

------ — Mon, 27 Jan 2014 18:03:56 GMT

Get it in writing just to be sure. And if it were me I would move and keep the security deposit too.

Re: Lease issue in condo..

croemer — Mon, 27 Jan 2014 18:05:52 GMT

On 1/27/2014 jenn521976 said:
She actually did have an exterminator come out..they put this gel down everywhere. Then, the building came and did two treatments and I still have them! The super told me that this is a bad issue in the building and that he hires someone to come spray twice a year but it doesn't really work. He said something about the building is built on sand and that most people on my side of the building have issues. and this is in the dead of the winter, can you imagine what it will be like once it warms up?

Spoke to a few tenants too and the lady next door told me that she has them and that they bite her legs! EWW

Anyway, I asked the landlord if she would sign a letter and she agreed. In it, I put that the lease is terminated and that we would not be liable for any additional expenses.

Good for you. I was in your spot once and let me say it was miserable!

When we moved out I set each box outside that I was packing and sprayed each on the bottoms with a bug spray so the ants would not follow us to our new place. The apt. came constantly to spray and tried to take care of the issue and it did not help a bit. I blame the apt. having each person set our trash out in front of our doors for pick up. I always walked ours to the receptacle but my neighbors never did and the ants were all over the bags. Yuck!

Re: Lease issue in condo..

croemer — Mon, 27 Jan 2014 18:06:56 GMT

On 1/27/2014 ------ said:
Get it in writing just to be sure. And if it were me I would move and keep the security deposit too.

Me too, except she already mentioned that her landlord can keep it.

Re: Lease issue in condo..

croemer — Mon, 27 Jan 2014 18:06:57 GMT

On 1/27/2014 ------ said:
Get it in writing just to be sure. And if it were me I would move and keep the security deposit too.

Me too, except she already mentioned that her landlord can keep it.

Re: Lease issue in condo..

jenn521976 — Mon, 27 Jan 2014 18:07:48 GMT

On 1/27/2014 croemer said:
On 1/27/2014 jenn521976 said:
She actually did have an exterminator come out..they put this gel down everywhere. Then, the building came and did two treatments and I still have them! The super told me that this is a bad issue in the building and that he hires someone to come spray twice a year but it doesn't really work. He said something about the building is built on sand and that most people on my side of the building have issues. and this is in the dead of the winter, can you imagine what it will be like once it warms up?

Spoke to a few tenants too and the lady next door told me that she has them and that they bite her legs! EWW

Anyway, I asked the landlord if she would sign a letter and she agreed. In it, I put that the lease is terminated and that we would not be liable for any additional expenses.

Good for you. I was in your spot once and let me say it was miserable!

When we moved out I set each box outside that I was packing and sprayed each on the bottoms with a bug spray so the ants would not follow us to our new place. The apt. came constantly to spray and tried to take care of the issue and it did not help a bit. I blame the apt. having each person set our trash out in front of our doors for pick up. I always walked ours to the receptacle but my neighbors never did and the ants were all over the bags. Yuck!

UGHHH I am so paranoid about bringing them with me too! I read that it's not like bedbugs or roaches where you have that kind of problem, but I am still scared! I sprayed Raid all over my new place just to be sure, in case any decide to move with us.

Re: Lease issue in condo..

jenn521976 — Mon, 27 Jan 2014 18:08:56 GMT

On 1/27/2014 croemer said:
On 1/27/2014 ------ said:
Get it in writing just to be sure. And if it were me I would move and keep the security deposit too.

Me too, except she already mentioned that her landlord can keep it.

I am upset about this too. I just felt if I tried to fight her about the security, that she would not let me out of the lease, and I just really really want to get out of here

Re: Lease issue in condo..

croemer — Mon, 27 Jan 2014 18:11:03 GMT

Oh they will move with you if not careful, all it takes is a few getting into something of yours and they are off when they arrive at your new place. I would check any boxed foods or bags before packing them to go with you.

Re: Lease issue in condo..

jenn521976 — Mon, 27 Jan 2014 18:13:09 GMT

Yes but I asked the exterminator and he said we would need to move with the ""queen""...or the whole nest for it to infest our new place. But I am still being diligent about checking everything. I also purchased a bunch of watertight/airtight containers to put my stuff in so that they can't get in.

Re: Lease issue in condo..

croemer — Mon, 27 Jan 2014 18:18:08 GMT

On 1/27/2014 jenn521976 said:
Yes but I asked the exterminator and he said we would need to move with the ""queen""...or the whole nest for it to infest our new place. But I am still being diligent about checking everything. I also purchased a bunch of watertight/airtight containers to put my stuff in so that they can't get in.

Awesome! Wishing you much luck in your new place and if you find that Queen...well...bow to her... she won this battle.

Re: Lease issue in condo..

jenn521976 — Mon, 27 Jan 2014 18:21:40 GMT

On 1/27/2014 croemer said:
On 1/27/2014 jenn521976 said:
Yes but I asked the exterminator and he said we would need to move with the ""queen""...or the whole nest for it to infest our new place. But I am still being diligent about checking everything. I also purchased a bunch of watertight/airtight containers to put my stuff in so that they can't get in.

Awesome! Wishing you much luck in your new place and if you find that Queen...well...bow to her... she won this battle.

thanks! this whole thing has been a nightmare.

Re: Lease issue in condo..

occasionalrain — Mon, 27 Jan 2014 20:21:40 GMT

Why is it that posters with issues come here to ask after they have already done whatever?

First, you have no need to be concerned about her coming after you for breaking the lease, your reasons were valid.

But why would you hand over money to her when you were not at fault and could have sued her for renting an uninhabitable apartment? Of course she accepted your offer to keep the security deposit because it was free money.

Re: Lease issue in condo..

Yuban3 — Mon, 27 Jan 2014 20:33:52 GMT

On 1/27/2014 occasional rain said:
Why is it that posters with issues come here to ask after they have already done whatever?

First, you have no need to be concerned about her coming after you for breaking the lease, your reasons were valid.

But why would you hand over money to her when you were not at fault and could have sued her for renting an uninhabitable apartment? Of course she accepted your offer to keep the security deposit because it was free money.

I hear what you are saying about the security deposit, and I'm not arguing that.

Having watched "People's Court" though, it's possible that one could ask of the o/p, "Did you notice the ants before you rented the place? And if so, why did you take it knowing that it had an ant problem?"

Even though the landlord has said that she "probably" won't re-rent it, she still has to go in and make any fixes, clean the place, and that takes $.

One thing that I have learned from watching "People's Court", is that the landlord has 30 days to send you a letter itemizing what the security deposit was used on, when a tenant vacates a property, and send you the remainder of the security deposit.

Re: Lease issue in condo..

jenn521976 — Mon, 27 Jan 2014 20:39:31 GMT

On 1/27/2014 occasional rain said:
Why is it that posters with issues come here to ask after they have already done whatever?

First, you have no need to be concerned about her coming after you for breaking the lease, your reasons were valid.

But why would you hand over money to her when you were not at fault and could have sued her for renting an uninhabitable apartment? Of course she accepted your offer to keep the security deposit because it was free money.

I did question whether I did the right thing about letting her keep the security. I just wanted so badly to get out of here, that I was desperate, basically.