Breaking lease after filing

[daidai2008]

I had no intentions of moving after I filed but it seems my landlord does not want to make repairs. My basement flooded because of heavy rain and a broken sump pump. I waited 2 days and they finally came over looked at the water and just left. Said they could not find a sump pump in stock and I would have to wait. We had no hot water because the pilot went out because of flooding. My son and I finally pushed the water out slowly in the drainage hole. I had to bleach and carry out the sewage that backed up in the basement. That was about 3 weeks ago. The sump pump isn't replaced. There are several things that they have "started" to repair but go unfinished. The basement flooding was just the straw that broke the camels back. I want to get out my lease now. I felt bad and didn't want to include them because they have 3 small children but it seems they only want to collect the rent. ANY request I make for a repair goes unanswered for days. Then I am told that it must be something I did to cause it. Yeah I somehow broke a 35 year old sump pump! Can leave have the reminder of my lease discharged with the rest of my debt since I signed the lease before I filed?

[NowImDownInIt]

I'm not sure about that, but you may be able to legally break your lease... It depends on your states rules about repairs... I would look into tenants rights for your state.

[NowImDownInIt]

OH, and whatever you do!!! DON'T illegally break the lease! You will have a helluva time finding another place to rent, especially with the BK........ take it from me, as I am going through trying to find a home right now.

[TEW]

The lease is just like any other dischargeable debt.

[JRScott]

If you've already filed then yes you could have your lawyer amend the paperwork and include them. Have you had a 341 yet?

However as someone above pointed out in many state's there are statutes designed to protect tenants and it may have some provision there for you to back out.

[daidai2008]

I actually I was discharged on 10/01. Today I came home and the water was shut off. The owner did not pay the bill. I spoke to my attorney and he said that since I signed the lease before I filed I can terminated the lease. I found a new place and was actually nervous about telling them. I still felt somewhat bad. After today I am pretty much done. I pay over a grand for rent and I am sitting here with no water. Oh... because of the flooding the house has black mold too. It has been one thing after the other with this place. I just can believe they think it is ok to have me live like this.

[gophermn]

Ok do you want the legality of a lease or how it really goes. First of all hearing about your derilict landlord I HIGHLY doubt they will force you to any leaglities via the lease. Hell, they can't even pay their water bill.
This is what you do. Take pictures of the things that need repair. Have copies of letters or phone calls you had with the landlord about getting these repairs done. Then once the landlord tries to take you to court for breaking the lease, you will have proof of the repairs and shut off notices. No judge will take their side. I know this because I was a landlord! A lot of leases will state that rent can be witheld if repairs are needed. And ummm, not having water because these morons didn't pay the bill (WTH)!

I agree about breaking leases and filing bankruptcy will cause havoc looking for a new place, but c-mon people this aint 1950. Bankruptcy is as much part of the english language as hotdogs and apple pie. Sad, but thats the way it is.
If you sit down with the new landlord and tell them why you are breaking your lease (AND SHOW PICS) they will/should understand. I would probably put you in a 6 month lease to begin but my god - if you were discharged then I know your debt to income ration is better now - than before.

Keep the head up and get the he** out!

[daidai2008]

This story keeps getting better. I emailed my landlord this morning asking when the water would be restored. She advises me "I" need to get the $25 reconnect fee to the water department before 3:00 pm to have my service restored as she already paid it BUT not pay the reconnect. I politely asked with all do respect why do I have to pay this? She typed me a 4 paragraph email about how she is not profiting from being there and how I have been late (granted I paid late fees). She is mad because the bill is higher than usually. I waited too long to tell her about the bill. She knows when the bill is due and I only told her when the disconnect noticed was placed on the door. She send the bill to me so I can review it for discrenpcies. Why do I care if there are discrepencies? If you know when it is due then why not pay it? I dont pay the bill.She went on to say that since i couldnt take off work I would just wait until tomorrow to have my water restored basically as a punishment. I was speechless... I called the landlord to the place I was to move in next month and she said I can move in next weekend. I sat there in awe thinking I been scraping to pay even when I was drowning in debt and you could careless if My son and I have water. I felt like a chump because I was worried about how me moving out would affect how they provide for their 3 children. I have put up with numerous repair issues and not said a word. I am just amazed at the nerve of some people.

[jessegirl]

I call that a slumlord. We had one of those many years ago. They expect you to pay for things that are there responsibility. Get out of there as fast as you can. Goodluck...

[gophermn]

WOW! If I were you I would do this (and trust me it works). Jack up everything, electric, heat, water, gas - all utilities. Then get out!

The landlord will be respobsible for the bills regardless if you live there or not. And if you live in a state like MN, legally they HAVE to keep the utilities on during the winter months.