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need to break lease 2 mo early/last mo rent/repairs not done

Posted by dije on August 10, 1998 at 18:47:48:

Ok. My husband and I signed a one year lease last October. I have a new job back in CA and we're moving back. We told the landlord that we didn't pay rent this month since this is our last month. He says we have to pay rent still, and that if we don't he will go to collections, and if he rents the apartment, we'll get our money back then. We are very concerned, he has almost $2,000 of our money (one month's rent as security and last month's rent). Meanwhile, our bathroom ceiling caved in 2 months ago due to landlord negligence of a water leak in the apartment above us. The super tacked a board over the gaping hole a couple days after it happened. However, in spite of repeated calls and faxes, it took almost a month for them to fix the leak. This means every time our neighbor above flushed, we would have toilet water leaking into our bathroom. Finally last week, some men came and tacked sheet rock over the hole (it's still not painted). So for over two months our bathroom has not been fully functional--our shelving unit with all of our toiletries, etc. has been in the hallway. I feel that under the circumstances, the landlord should be very reasonable about us moving out early. He also told my husband that we'd be responsible for any damages. We have caused no damage, and in fact, the apartment has a ton of water damage, that I have repeatedly requested repairs for. I am very concerned that we will get screwed, especially since we will be in California. Also, our lease says that our security deposit will be returned within 60 days. Does this mean 60 days after we move out or after the date on our lease? In California the law is 3 weeks, NY ought to follow suit. Anyhow, any HELP will be appreciated!!!!!

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