How to get out of an apartment lease? PLEASE HELP!

How to get out of an apartment lease? PLEASE HELP!

Dallas, TX · Member since 2014 · 650 posts · 53 votes

I've been living in an apartment the last couple of years while accumulating more money for my rental investments. 

In May of this year I started to have some a/c issues.  The weather was getting warmer (gets REALLY hot here in the summer) and the a/c would run but wasn't putting out really cold air.  As a result, I'd come home from work and the apartment would be about 79 degrees and no amount of running the a/c would cool off the apartment below 79 degrees until after midnight at the earliest.

My elderly parents had to stop visiting and staying the night because it was too hot as everyone would sit here and sweat.

To make a long story short, the apartment management would come check the a/c and tell me everything was fine.  they did this about 10 times with no relief only to have it get hotter and hotter into august and even through october. 

They never did anything to improvce the situation.  I took pictures and videos of the a/c unit documenting that it is 25 years old (from 1995) and they have squeezed every bit of profit out of it that they can.  They didn't care and said all is working just fine.

Then in November we had a cold snap and it got down to 20 degrees.  I could feel arctic chilled air coming through the door and window and the heater couldn't heat the apartment (only 750 square feet) to a liveable temperature.  We stayed the night with friends for a few nights until the cold went away.

I again opened a service request to the apartment management company and they came by and said all was fine.  I asked them to put some weather stripping on the doors which they did about 2 weeks later.

I begged them to not "run out the clock" on the heat, which they did by doing nothing to resolve the situation.


THEN, they were doing some work on our building and when i left in the evening i noticed it was pitch black in our stairwell.  They forgot to turn back on the electricity for the external lights.  Someone could have easily been hiding in the stairwell or could trip and fall and hurt them selves navigating the antiquated stairwell in the pitch black.

When returning from the grocery store in the pitch black, i tripped on the stairs and broke about $20 worth of glass bottles and was lucky to not hurt myself.  I sent the apartment pictures and video of what happened and how dark it was and asked for compensation for my broken groceries now dripping all over the floor in the shattered glass outside. i told them they were lucky there wasn't a hospital bill coming with it from the fall or cutting oneself in the shattered glass.


That was on top of the fact that my neighbor upstairs has had toilet issues the last 3 weeks.  When he flushes the toilet, often his toilet is overflowing and urine and feces liquid is coming through the ceiling through the bathroom fan and dripping all over the toilet and the floor.

This has happened and been documented 4 times, that I'm aware of as certainly it happens when i don't happen to be here.  I've raised this issue as well to the apartment complex and they have done nothing about it. 


My mom was sitting on the toilet this morning when this happened and it came through the ceiling on her.

Lastly, the smoke detector didn't go off once when i was cooking.  I tested it by blowing out some matches against it to pour smoke over it and nothing happened.  I went and bought my own smoke detector just in case to ensure i would be alerted in a fire if they never came and tested or fixed my smoke detector which they haven't and i don't expect they ever will.

I have kindly asked to get out of my lease which has over 4 months left on it.  No amount of fixing any of this will change what they've already done, cost me and inconvenienced me.

What can i do?  At this point they have flatly said there is nothign they will do to let me out of my lease unless i pay all the fees, etc.

I don't feel safe here.  They are putting my family at risk. 

Would getting a lawyer help?  WOuld blasting this all over social media and apartment complex rating websites help and sending them the links?


I've never had a complaint at an apartment before and have been patient in this situation but enough is enough!

Can i get the city / county inspectors involved?  At this point, we just want out and to part ways, which i would be happy to do quietly, but they refuse to let me out without paying thousands of $$$.

What obligation does the complex have to test my smoke detector and ensure it is in working order?

It's time to take action and I need your help.  They are essentially stealing my rent each month and not holding up their end of the bargain.

They said i signed something in my lease to not write about them on social media but 1) i couldn't find it and 2) what is wrong with stating the documented truth?  I have the emails from them and the pictures and videos to prove everything i have said in this post.

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Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
6y
Originally posted by @Steve S.:

What if I just quit paying rent and move out?  Abandon them like they’ve abandoned me. 


They will sue me and take me to court I suppose but I only have 3 months left. Would they win?


Yes. There are proper steps and running away is not one of them. If you just get up and leave, they have every right to properly evict you and sue you for lost rent. If you have the cash saved, you can always move now and keep paying rent while you get legal help. IF you win, (which it sounds like you should) you may be able to sue for back rent. I wouldn't do that unless I talk to a lawyer first. Many municipalities have free/reduced price legal aid for tenants. You may wanna look into that.
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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    @Steve S.  Some of those things are minor and if I was paying for electricity, I'd just fix them-weather stripping and smoke alarms.  As for the temperature-there are legal limits for both highs and lows.  Keep track and document the temps.  

    The toilet is disgusting and yes you need to call the city as that is a health violation.  You can also contact a local tenancy branch, if there is one-ask the city, and if the unit is determined to be uninhabitable, you pay the rent into a special account and the landlord doesn't get it until the problem is solved.  You need permission BEFORE you do this and you still have to pay the rent.

  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    @Steve S. Sounds like you have a really uncaring lousy LL. There are Tenant's Rights sites in your area-have you looked into that? You might get further with them and their advice. All the best!

  • Dallas, TX · Member since 2014 · 650 posts · 53 votes
    6y

    Thank you for the thoughts and suggestions this far

  • Rental Property Investor · Kansas City, MO · Member since 2019 · 12 posts · 17 votes
    6y

    @Steve S. you got great advice from @Theresa Harris! That's what I'd advise too!The toilet is just gross and should be a no-brainer for the city to make them fix. 

  • Dallas, TX · Member since 2014 · 650 posts · 53 votes
    6y

    What if I just quit paying rent and move out?  Abandon them like they’ve abandoned me. 


    They will sue me and take me to court I suppose but I only have 3 months left. Would they win?

  • Investor · Columbus, OH · Member since 2015 · 625 posts · 601 votes
    6y

    @Steve S. Yes they would. You should reach out to a local tenant advocacy group.

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    Originally posted by @Steve S.:

    What if I just quit paying rent and move out?  Abandon them like they’ve abandoned me. 


    They will sue me and take me to court I suppose but I only have 3 months left. Would they win?


    Yes. There are proper steps and running away is not one of them. If you just get up and leave, they have every right to properly evict you and sue you for lost rent. If you have the cash saved, you can always move now and keep paying rent while you get legal help. IF you win, (which it sounds like you should) you may be able to sue for back rent. I wouldn't do that unless I talk to a lawyer first. Many municipalities have free/reduced price legal aid for tenants. You may wanna look into that.
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y
    Originally posted by @Steve S.:

    What if I just quit paying rent and move out?  Abandon them like they’ve abandoned me. 


    They will sue me and take me to court I suppose but I only have 3 months left. Would they win?

    Yes and you could get an eviction on your record.  You can pay rent into a separate account until the problems are fixed, but you have to pay rent.  If you choose that option, you need to get permission ahead of time.

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    6y

    One thing on the heat and a/c issues.  A lot of people mistakenly believe that turning that system off when they leave the house is the most energy efficient.  It is not.  When a home reaches temperatures that are substantially off from where you want them to be, it often will take hours to get back to a comfortable temperature.  It's more comfortable and more energy efficient, ie cheaper, to only adjust the temperature a few degrees from where you want it to be.  Even if you're going to be gone most of the day.  I'm certainly not saying there aren't problems with the system.  There might be.  But try those steps also, if you aren't already.

    I had issues with my HVAC system at a previous apartment complex I lived in.  I spent one summer calling them every 1-2 weeks to fix the a/c.  They had their own maintenance and were prompt in sending someone the same day.  And then they would report back to me, "It was just out of Freon, it's filled back up again."  Ummm...okay.  But dontcha think you should fix the actual problem/leak that is causing it to run out of Freon every 1-2 weeks?  I was on a month-to-month before the next year's summer started and gave them a 30-Day Notice I was leaving.  I also told them exactly why I was leaving and that I wasn't going to tolerate another summer with only bandaids to fix my a/c.

    My last winter there, the heater kept going out about once a week also.  Their maintenance guy came to fix it 3x.  It would work when he was done.  Only to go out again about a week later.  The FOURTH time I called, I requested a real HVAC company be sent because whatever their staff was doing was not fixing the problem permanently.  They said, "That's not necessary.  Heaters are simple systems."  Me, "Oh, really!?!  But apparently not so simple that your maintenance has been able to figure out what's wrong after THREE visits, isn't THAT right?"  They still refused.  Just in case, I had looked up whatever agency was in charge of habitability issues for rentals.  I told them I would graciously give them one more chance to fix it.  But I was putting them on notice that if the heat went out again, they either needed to call an HVAC company or I'd be calling XYZ agency.

    Wow, magical.  They finally fixed it correctly themselves.  But only after I had to threaten them.  Perhaps use a similar tactic, but already have your research done...so they know, that you know...exactly who will be contacting, if they don't solve the habitability issues.

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