Lease Termination from Hell

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showstopper81

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I apologize for the subject line but thats the way that I feel. I have been staying in my apartment for about 6 months now and it has not been a pleasant experience. My lease is up on June 2010 but I have turned in a letter to the office to let them know that on December 31, 2009 I am terminating the lease. Before you judge the situation, let me explain the reason(s) on why.

I have had several problems with the neighbors above me making a lot of noise, arguing on several occasions all day until 3-4 a.m. the next day. According to the landlord, they have a 3 strikes your out policy. I have made numerous complaints on this issue, they say the will handle it but till this day nothing was ever done. I honestly don't think they said anything to them period. Also in my apartment I put in maintenance request that were never fulfilled for example, my utility closet controls the lighting in the bathroom. If you cut the light switch off in the utility closet, then the lights in the bathroom wouldn't work. From day one they said the would send an electrician out, and they never did that. Also I told them that I have an opening on my patio door that is not sealed all the way which lets cold air come into my apartment. They said they would fix it but it was never fixed as well. Most recent case I noticed that black mold started growing into my apartment. Keep in mind that these apartments are brand new and have only been here for about a year at the most. I brought it to their attention this Monday and the landlord says, "Its just condensation causing the black mold." She acted as if she didn't care but she said they would send someone to look at it. Meanwhile I did research on black mold and I was told that black mold could be fatal. I have two dogs as well and I called the vet to see if it would be harmful to them, which I was told that its the same for dogs as well. I waited but no one come out, Tuesday same situation, no one came out. Tuesday night I made in my mind that enough is enough. I typed up a letter notifying them that I turning in my notice. With all the circumstances that are going on with neighbors, maintenance request, and then the mold issue, I felt like they were never going to fix anything. On Wednesday (yesterday), I did come home and notice that someone had been in my apartment where they covered up the mold and they fixed the lighting in my bathroom. I personally feel that its too late to try and "patch" things up because I put up with the bull for 6 months. I couldn't even have company over without the embarrassment of hearing my neighbors screaming at the top of their lungs. I fear my life and my dogs life with the mold thing. I couldn't get any sleep because of the arguing into hours of the early morning. As a tenant, I feel that what I did is right and is justified cause to terminate my lease. Am I right or wrong for this and what would be the outcome of the situation? I also took photos and video of the mold in my apartment and even video of myself turning in my notice just for my proof. Also I have enclosed some photos that I took just to show you some of the proof.
 
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Here's a one of your problems...

There are..literally...thousands of strains of mold. Only one strain (stracybotrys chartarum) has been linked to respiratory issues in some humans. From your posting, it would indicate that no testing was ever actual done on what you found. Was it?

If management sues you for breaking your lease, how are you going to prove that this was deadly black mold?

Gail
 
No one actually came out to test it. They just basically patched up the section yesterday afternoon without my knowing. I know they can enter your apt at anytime even if your not home but they normally leave you a note saying they were in your apt. As far as proof, I just have the photos so if they try to pursue a lawsuit, I am going to get an attorney myself explain all of the things that I went through. Plus I think its strange that once I turned in my termination letter and quoted all of the reasons why(wrong doings) they come out and "try" and fix things after 6 mths. As of this moment I still have not heard anything from the office.
 
They don't have to test for it. You do.

If part of your claim for breaking your lease is that this unit contains black mold....and management sues you for doing this....you would have had a much stronger case if you actually had evidence that this was black mold as well as documentation that the presence of such caused you documented health problems. Thus, the need to make sure this is the infamous black mold is on your shoulders.

Please understand that if a rental unit is what is known as "uninhabitable", a tenant can typically break a lease without the fear of financial liabilities down the road. This means that before they decide to do this, it really is in their benefit to make certain they have adequate documentation regarding why they are breaking this lease.

Unfortunately, a light switch in the utility closet that controls the lights in the bathroom, a sliding glass door that lets in cold air, noisy neighbors and some small mold near the floor (I believe this is where your pictures indicated this was) may not, in a court of law, fit the legal description of "uninhabitable".

Thus, one needs to think very carefully before they take the final step of breaking a lease. They need to make sure (for example), that ALL requests for repairs have been in writing so they have documentation of when this was requested and when this was actually done. This would be helpful evidence to present in court.

Gail
 
Thanks Gail for the advice. I couldn't post all of the photos up because it only allows you to post two photos. I have an almost accurate record of all of the work orders and complaints.
 
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