HOW TO GET OUT OF A LEASE WHEN I HAVE ONLY LIVED THERE 4 DAYS?

UPON ARRIVAL THE HOUSE WASN’T IN MOVE IN CONDITION. IT WAS VERY DIRTY, THERE WAS A DEAD MOUSE, THERE IS A FLEA INFESTATION (WHICH LANDLORD SAYS CANT GET EXTERMINATOR OUT UNTIL NEXT WEEK). WASNT REPAINTED, CARPETS WERE NOT CLEAN. LANLORD HAS NOT OFFERED TO CLEAN CARPET AND/OR REPAINT.

Asked on June 3, 2009 under Real Estate Law, Ohio

Answers:

BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can "constructively evict" yourself from the rental - meaning that the conditions were very bad and that the landlord refused to fix them.  The flea infestation would likely qualify as a very bad condition, although it sounds as though the landlord is planning on fixing it.  However, the paint and carpet likely wouldn't and getting that done by the landlord would have required some sort of promise on his or her part to do so.  Before deciding to leave, make sure to give your landlord a reasonable amount of time to correct the problems, put everything in writing and send it certified mail and take pictures of the rental's condition in case the matter cannot be resolved without legal action.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

you need to review your lease and look to see if there is any loop hole or way to get out without any further action. Oftentimes there will be some language that promises livable conditions etc. You also need to document all the problems with video cameras etc. Than ask the landlord to release you from the lease explaining this is not what you signed up for

If the landlord refuses i advise you to hire a local attorney who can make a few calls review your lease and possible handle the matter very quickly. You also can bring your own action in landlord tenant court basically call and usually a clerk will walk you through the procedure.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.