We are considering breaking our lease early, and we need some legal
opinion. Just a short summary. During our first year, we've had to call
maintenance at least four times to fix the ventilation system. During
our first week, we were only getting hot air. This was sometime in Aug
/ Sept 2005, so Florida weather around that time has still some pretty
hot spots. Come winter time, we realized that the system only puts out
cold air. So we didn't have hot air and had to spend the night in the
cold before they "fixed" it the next day. Then, FL weather gets hot
again during winter, and we were only getting hot air. So, we call them
again to fix it and to make sure that it is properly working. We told
them that it was an inconvenience to have to call them every time the
weather changes. Well, the weather gets cold again and you guessed it
right. Only cold air was coming out. This process went on for a few
more times. The last change we had was for cool air, and since winter
was already over we did not use the hot air setting for a couple
When we signed our renewal in August of this year, I was verbally
assured that the heating/cooling problem was properly fixed. I should
have gotten it in writing in hindsight. Now, the problem has occurred
again, and we spent another night in the cold. So, we've had enough.
I'd like to part ways with our current apartment in the right terms. I
think that I've given them enough chances to fix a necessary utility,
and I'm just fed up. What do you think?
I'm willing to give them a 60-day notice and pay the termination fee.
Part of our lease states the following:
FAILURE TO COMPLY: In the event you terminate this lease early, you
must give a 60-day written notice, plus pay a termination fee equal to
one (1) month's rent. With the satisfaction of payment of the above
references termination fee and the fulfillment of the remaining
provision of this lease your Security Deposit may be refunded. Should
you fail to comply with the above you will be subject to owing all
remaining rent throughout the term of this lease.
Will writing them a certified mail 60 days in advance and paying the
termination fee satisfy this statement in our lease? I'm still not sure
what the remaining provisions refer to, so I'm afraid they might have
surprises under their sleeves.
Here are some excerpts from what other tenants posted on an apartment review site:
Finally, we couldn't take anymore, and broke our lease early. Upon moving out we paid the early termination fee in full, as well as a months rent while we were not living there. This was back in May, recently we received harassing phone calls saying that we didn't pay the termination fee (too bad for them we have a certified letter, and bank statements showing they cashed the check). We were told if we didn't pay that day it would go against our credit the next week. Yeah right, don't trust these con artists for a second. When we called the complex inquiring this matter they conveniently couldn't find our file and hung up. - 9-13-2006
I know exactly how you feel!!!! Went through the same. Then they drag you to court and lie their ASSES off!! Their Lawyer is the same crooked!! Mr. Porter he judges you, even though HE don't even know you. And when the Judge asked for their paperwork "Oh we forgot to bring the right file" Because you don't have no file BITCH!!!! Then the Manager Bobbie brings her employees to Court and makes them lie under Oath!!!!! I did reported them to http://www.bbb.org I am glad they did not won in Court and I am out. Now they give to new places FALSE Information and I am in the process of hiring my OWN Lawyer!!!!! PE#OPLE STAY AWAY FROM this TERMITE/MOLD/FLOOD DANGER invested Place!!!!!!! Unless you don't want to live in PEACE!!!! 7-15-2006
It sounds all so familiar!!!!
I had the same problems!!! and then they lie, telling other places you were evicted even though it is not true!!!!!
I'm just afraid that if I follow the lease procedure of breaking our agreement early that they will find some trick up their sleeves and hit us with something else.