yes, another ‘buying a house’-related question…
I will need to either break my lease or sublet (which I am permitted to do).
I will probably put something on Craigslist, but in the event that I do have to break my lease, does anyone have tips? My lease states I need 2 mo of notice and must pay $1085 to break it. I need to be out by the end of Sept/beginning of Oct in order to not pay a mortgage and rent. The lease would normally end Jan 10.
The only legit grounds that I may have is that the elevator which services my floor has been broken for 3+ mo - including the whole time that my leg was broken. It required me to carry everything up from the parking garage (one floor below) or walk up 5 flights from the ground level. That sounds lame but this was really difficult some days since I was barely weight-bearing and had no assistance in terms of a roommate, etc. I was told that they have no intention of fixing it because they have already put a bunch of money into it. I don’t have anything documented that I expressed concern over this, so I am thinking that I will just have to suck it up.
Thoughts?
My GF had problems with her last apartment, they moved her in before it was ready, lots of crap was broken, some of it even mildly hazardous. After 2-3 months of complaining to the management she did a little investigating and found out if sent a certified letter to the apt complex they had 1 or 2 weeks to fix the complaints (cant remember which) or she could break the lease with no penalty. I doubt that this would be retro active with your elevator problem, however, if you send the letter now and they don’t fix it within the required time you could break your lease and not be penalized.
Found the link with the specifics. Here it is.
http://www.housing-rights.org/repairs.html
Short answer is that you’re screwed. I doubt the elevator thing will hold up as justification for constructive eviction. I’d sublet if you can, or be prepard to eat the $1085. Landlord/Tenant law in Texas favors the landlord, and I’d be willing to bet that your landlord used the standard Texas form lease, which is also (surprise) skewed in favor of the landlord.
Caveat: It’s been three years since I lived in Texas, and more than 8 since I rented there… but I doubt the law has changed much. Send Danno a PM, he’s with the AG’s office there in Austin. He might be able to help.
I can’t answer for TX law, but in FL a landlord must try to find a tenant with the same effort as normal in order to mitigate his damages. It is not so fun enforcing that though, and I once lost what seemed like a slam dunk case with that defense. You never know what kind of a moron you get for a judge in landlord-tenant cases. Most judges just listen patiently until everyone is tired of talking then rule against the tenant. Most judges don’t even understand landlord tenant law for that matter. It is actually pretty complicated, at least in Florida.
I would try to find the sublet if you think there is a market, but losing $1,000 bucks to break a lease is no big deal. You signed the contract after all.
You would probably have more luck finding a basis upon which to delay the house closing. Failed inspection of some sort or whatever. In this market, no seller is going to walk away from a real buyer for the sake of a month or two.
Our market in austin is still pretty strong… and the closing is already going to take a bit of time in order to make some repairs (replacing a window, replacing rotting siding, replacing a door, checking out/repairing the HVAC system)… but there’s no way that I can drag it out for 4 months.
I would say ask the landlord. Is it a real estate company or someone’s side-project rental property. If it is an individual - they may just let you out. Tell them you bought a house and are pursuing the “American Dream” - most people will relate and try to re-let the apt.
You can’t get what you don’t ask for.
Otherwise - start advertising for tenants and go the sub-lease route.
Some of those repairs are definitely going to be unacceptable. No, you won’t be able to get four months out of it, but one month is a piece of cake.
I am pretty sure you will find more rotted siding there, once you know better what to look for. How much is the rent?
It’s a company - it’s a big complex that was just bought out by a big management company. 
ack.
Those clowns usually just recite the lease terms and don’t like to make exceptions. Craigslist is a good idea for finding a replacement tenant. Good Luck.
Yeah, it looks like there was a water leak somewhere in the wood siding that got into the wood window frame, caused rot, and allowed a nest of carpenter ants to take hold. The window needs to be replaced (they want to repair it). So, we’ve been faxing around amended contracts today… it needs to be replaced with a vinyl window and the siding needs to be checked out and possibly removed to see the extent of the water damage. then, an exterminator needs to come out and spray the whole area.
the door is similar - just no ants. it looks like the sealant/weather strip around the door was letting water in. it accumulated at the bottom - rotting the bottom of the frame and part of the threshold (and maybe the floor underneath to some degree).
and because of all this, i’m not even sure what to tell my apt complex since i have no idea how long it will take to resolve everything…
Those are pretty serious issues. You should have no problem getting way over $1000 knocked off the price. I had one of those 20 years ago, and got $3,500 off the price. I should have gotten a lot more, but I was young.
That problem is a lot worse than your $1,085 lease break fee. You see the rot in one place. What possible reason to you have to think you don’t have the same problem all over? You let water damage go on in a wood frame house and you are completely screwed. Think of a leaky roof, but with the damage being hidden long term. Ouch.
I have just realized I am going to have to build my next project out of sticks. Preventing long term water damage in the walls scares the shit out of me. I have heard the horror stories from those that lived them, though I haven’t been there myself.
Presumably Miguel installed the window wrong allowing the leak. Who do you think installed the other windows?
oh, now you’re being an alarmist. 
Maybe Art is being a bit alarmist, but probably not. Getting a home inspection by someone who REALLY knows what they are doing is worth the cost. This is what the escrow period is for, in part, so don’t waste it. The owner will not walk away from the deal, because the repairs or a credit for the value of the repairs will have to be given to the next buyer.
On the lease, if you notify the landlord now and do your own search for a subtenant, you increase your chances of getting out without penalty. The landlord has an obligation to “mitigate” its damages. Legal term for the duty the landlord has to find a replacement rather than just collect your money.