I'll try to make this concise. I have multiple GI issues, semi-serious heart issues, syncope, anxiety disorder, panic disorder and many other yet to be diagnosed lesser issues. The main problem is the panic disorder, when triggered, aggravating the GI and heart issues. This combination has landed me near dead and/or in the ER many times throughout my life. Obviously, stress, confrontation and such are like poison to me. I can not work or apply for disability because I have 2 open cases (I am the victim in both) which will severely impact my disability case, once resolved.
Okay, here's the situation: My Fiance and I just began renting an apt (1 year lease) which includes all utilities. The landlord AND his buddies that were here when we signed the lease were told I had major health problems and was not and would not be working. A FEW DAYS after we got settled in and after numerous unannounced entries into our space (it's a basement apt, LL lives above), our LL starts complaining about our use of the AC... after a few more complaints over the next couple weeks, he finally catches my Fiance getting into our car, on her way to work and very rudely informs her we WILL be paying for the electric costs, yadda yadda, more vague unpleasantries. When she arrived home that day, we politely confronted him, said we didn't want any negative feelings or problems, but reminded him that due to my conditions, I need to make sure my body temp and heart rate don't get very high, thus, needing to use the AC a lot. He angrily rambled on about how we lied to him, were causing wear and tear on his AC unit, told us about things not being free, blah blah blah... He ended the conversation by saying that he would never have leased to us if he knew the extent of my health issues, we would certainly not have our lease renewed next year and to have a good day. Let alone the anxiety/panic attacks caused by his random entries, unwarrented complaints, etc, now more than ever, we are constantly panic-stricken and feel unsafe here, knowing he is unstable, very angry and has full access to our space 24/7. I recently learned that by moving about 800 miles away, I can start seeing doctors again, via my mother providing health insurance for me, my family would help us out financially and in many other ways and our attorney can forward us enough start-up money from the pending settlement of a case in litigation to leave asap and either put a down payment on a house, or prepay a whole year's rent up front, giving me time to recuperate and get better taken care of. Now, given his mild harassment (i say mild because there has been no violence yet), the toll it has taken on my health (ER once so far, Fiance leaving or calling in from work to take care of me multiple times), LL's bold attempts to scare us into not utilizing the benefits of our lease (rent includes all utilities) and the opportunity for better health treatment elsewhere, what are the odds of us cleanly breaking this lease asap, with an effective date of early November? We need to try to keep it out of court because my Fiance works full time and the pressure will make me very ill; also, we can't risk getting held-up so long that winter weather travelling is an issue. Basically, what legal rights can I use as threats to make him agree to break the lease free and clear? I've already looked on my local gov't websites, nothing was specific enough to help me. The tricky part of this whole thing is making the LL WANT to break the lease. Angry confrontations and such could literally kill me, but so could staying here anxiety-ridden and far away from medical attention! ARRRGH!
I've already decided to give plenty of notice (1 month+) and offer to let him keep the security deposit, but what if, in spite of his complaining, for some twisted reason, he still won't agree to let us go? How do we handle that scenario without escalating the tension and achieve our goal quickly?!
Note: The lease is a pre-formatted, generic, single-page lease he printed at officemax or some other similar store. there's no small print to help us OR him. Everything is very plainly stated, including the included utilities agreement. I hope I explained everything clearly!|||The best thing to do is ask him. Take meds first to keep your anxiety level down. He may be more accepting than you realize. Good health to you my friend.|||None of your health issues effect your lease. It is a contract involving housing, not health care. He is right, he does not run a hospital.
Since you have no respect and he is paying the bills he needs to put a lock on the thermostat and be done with it. It is too bad he is not seeking help with this, you sound like a horrible tenant.
You will lose this in court. You owe him for the remainder of the lease, it would be easiest for everyone to settle out of court. There is nothing to threaten him with, you are clearly in the wrong here.
I bet he throws a party when you move.|||Most states have free legal aid so try to contact them and let them read your lease. You might want to consider that he may be wanting you to move and that is why he is being such a creep. Before you offer him your deposit, ask him if he would prefer to let you give notice and move, and see what he says. By responding in a reasonable way, hopefully he will be reasonable. You might have your fiancee ask since the stress for you might be to much. Good luck!|||Does your "generic" lease contain an early termination clause? If so, pay the fees as outlined and move.
If not, ask your landlord if he will allow you to pay a couple months rent as an early termination fee or if he will allow you to find a suitable sub-letter.
If he will not permit you to do either, you are stuck there until the lease expires. If you just leave, he can sue you and, unfortunately, you will lose. Then you will owe the rent until he is able to re-rent the unit plus his legal fees and advertising costs.
Your health issues are not his problem and the only way to change a (legally binding) lease is if all parties agree. He is not running a charity or a hospital; he is running a business.|||Reality: a medical condition, no matter what it is, does not give you the right, in any state, to break your lease. The LL's character has nothing at all to do with anything.
"Basically, what legal rights can I use as threats to make him agree to break the lease free and clear?" - There are none. None at all.
You need to check state law and find out what he can legally charge you, and be prepared to pay it. Usually it is loss of deposit and at least rent until a new tenant is found. Offer to find him a new tenant if that helps.
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