Community Chat

[jenn521976]

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?

[chrystaltree]

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.

[scotttie]

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.

[croemer]

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.

[Yuban3]

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.

[jenn521976]

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.

[croemer]

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.

[------]

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

[croemer]

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!

[croemer]

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.