Landlord angrily threatened when asked to move out early

[ralphrc]

I'm sending this for my wife. She has lived in a duplex since Summer 1994 and signed a one year lease. Since then we have been married and now are expecting a new born child. It is a two bedroom and with two boys already, having a baby will be too cumbersome and not in the best interest of our baby.

We realized that we need to move and have been searching. She told the landlord that we were looking approximately 30 days ago and he said nothing more about it. She called again telling them that we will not be able to move into our new place until the 15th of December so we'll be there longer.

He goes into a tiraid about how we have a one year lease and if we move out without at least 90 days notice that we'll have to pay until someone moves in and that he will sue us and such. He also stated that they can't rent it in the winter because its cold. This doesn't seem reasonable since she's been there 4 1/2 years. There are numerous issues with the residence itself that have been failed to be repaired after numerous complaints.

1. They have a pay washing machine and dryer that we have to use, but is broken and only filled by us using a bucket or a hose in which the water and electric bill is paid by us and the other tenant. They refuse to fix this.
2. There have been floods in the hallway leading to our basement apartment 3+ times without any type of carpet cleaning or replacement. (we fear mold).
3. The windows are old and need to be replaced, but have received many excuses. The thermostat can be at 80 degrees, but still freezing. The summer there were screens put in, but not the size intended to use so we had to rig them up.
4. We recently found out looking at our new place that the city code requires smoke detectors and carbon monoxide detectors as well as GFI outlets in the kitchen and bathroom and our place has none of these safety features.

I am in the Marine Corps and trying to provide for my new family that has grown from 3 to 5 in the past 10 months and place them in an appropriate home for our size and having my wife talked to as we are committing a crime. The issue that I have is that the lease was only signed at the initial move in and after the first year I believe that a new lease should be signed for it to be one year otherwise it should be month-to-month.

Can we move out without having to go through a tough battle in court?

 

[Gail_in_Georgia]

What does the lease she signed so many years ago say at it's time of expiration (I'm assuming you mean she signed the lease in 2004, not 1994).

You are correct; if another lease was not signed the tenant is assumed to be a tenant at will or a month to month renter. Most states require only a 30 day notice by either party to terminate the lease (my state, Georgia, requires that the landlord provide a 60 day notice).

However, telling your landlord you were "looking" is not formal notice. If you give a written notice tomorrow (December 2) that you are vacating the premises in 30 days you would owe until the end of this month.

Your landlord is correct; winter months are often a difficult time to find a new tenant. Still, if you follow the rules regarding an adequate written notice, his contention that you need give him a 90 day notice is incorrect. His assumption that he can sue you for future rent until another tenant is found is also incorrect. Keep a copy of all documentation you present to him.

All the issues you've mentioned regarding old windows, the broken washing machine, the usual fear of mold, etc. are not germaine because they are not the reasons you are vacating the unit. You are leaving because you need a larger living space.

Gail

 

[ralphrc]

Thank you. I appreciate your candor. I reviewed the document and it is clear that the landlord did not do his homework. It also states within the document that the lessor is responsible for providing utilities in which we pay for all of these.

The lease state that from 1 May 2004 to 31 July 2005 inclusive the dates of the lease and no other document was signed. I plan to give him a notice and explain this further to him that he may not want to pursue further legal actions as long as we follow the lease by a 30 day notice, clean the carpets and appliances he can't do anything since we have a legal binding contract that looks like we're fulfilling our requirements.

 

[Gail_in_Georgia]

Actuallt you don't have a legally binding contract. That's the point. If you did (say, for example, a lease that ran from May 1, 2008 to July 31, 2009) you'd be monetarily responsible for the remaining months on the lease until another renter could be found to take this over.

Many, many renters don't have written contracts. This is why the "tenancy at will" or month to month tenant status.

Keep in mind that in order to have any security deposit returned, the unit will need to be returned in the same shape it was when you first moved in. Take pictures at move out just in case your landlord attempts to keep some or all of any security deposit for damages above that considered normal wear and tear.

Your landlord is responsible for provided access to utilities that are considered essential; water lines for hot and cold water, drain lines for sewer, electrical lines, a source of hot water, etc.. Items like a working washer and/or dryer (for example) are not considered essential.

Good luck in working this all out with the landlord.

Gail