Landlord remodeled apartment from 1BR to 2 BR - does that break lease?

[chemviking]

I purchased a house midway through my lease (understanding I still had a commitment to pay the lease) and had moved most of my stuff out when my landlord asked if she could remodel the apartment from 1 BR to 2 BR. She led me to believe that she had new renters ready to take the lease if remodeling could be done quickly, so I agreed allow the work to begin with the understanding that I would be out of my lease when the remodeling was complete and the new renters signed their own lease (none of this agreement is in writing). I moved the rest of my stuff out immediately, remodeling began and continued for much longer than the 2 weeks she said it would take, and no new renters took the lease. I continued my lease payments, and knowing that I had been had. I asked if she would consider giving me a little compensation for allowing her to do her work on my lease clock, but that was met with nothing. All this happened with 4 months of lease payments remaining. As a final laugh, she charged me for carpet cleaning when her workers made more of a mess in 4 months than I did in 8 years...

I've sent her a letter stating the above and my intent to pursue more action, and she and her lawyer responded basically with a "Bring it."

Questions:
1. Did she break the lease when the work she did converted the unit from a 1 BR (which is what I signed on the lease) to a 2 BR (which is not on the lease)?
2. Even though I had asked for a little compensation while all of this was on-going, I am now trying to retrieve the 4 months of lease payments. Do I have any hope?

 

[Gail_in_Georgia]

1. Unfortunately, no.

2. It depends on the court (should you decide to sue for this money). As a general rule, the court will typically give a landlord/management two months time to rerent an empty unit. This is a very general guideline though. The landlord/management must show that they made an effort to get this unit rerented through advertisements, etc.. In other words, it's unlikely that the court would grant four months worth of remodeling on your dime.

Gail

 

[dickg]

Your reply should be bring it on as well. File a small claims action for the four months of rent that you paid after you moved out and she accepted your keys and started the remodel. Did you pay a security deposit? Did she give you a final accounting I/A/W your state laws?
By filing a small claims case you lose her lawyer and its you and her baby...and the judge. Try and talk with some of the vendors she used if you can and determine start and stop times of the project. Did she give you any written relocation notice where she would relocate you during the remodel. If not then she in my opinion took back her property prior to the end of the lease. Did you sign a lease break agreement with her.
Let me know and good luck.