tenant rights

Dear PoP – Lease Breaking

By Prince Of Petworth


Photo by PoPville flickr user AWard Tour

“Dear PoP,

Wondering if I could pick your brain (or your readers’ brains if you decide to post this) on lease-breaking in the city? I moved into my apartment just south of Dupont Circle on January 15. I am legally obligated for rent until January 31, 2011.

I’ve recently had a ‘come to Jesus moment,’ and decided that I’m quitting my six figure government job to pursue a writing internship out West. I intend to leave work in September and move on October 1. This would leave 4 months of an unexpired lease for which I am legally obligated. Since I harbor no fantasy of just splitting, what is the likelihood that this can end up a win-win for the landlord and I (for the record, the landlord is corporate, Keener Management, but is managed by a very nice property manager on-site)?

My initial instinct is to simply tell the landlord on July 1, and ask what the win-win solution he recommends is. In this city, is it simply that a) I would need to find someone to fill the remaining 4 months, and then the lease is legally turned over b) that we would need to find someone to sign a full year lease starting in October or c) I need to sub-let and manage it myself?”

I’m guessing if you or the company found someone to take over your lease they wouldn’t have a problem with it. Anyone ever face a situation like this?

Dear PoP – Tenant rights question

By Prince Of Petworth


Photo by PoPville flickr user AWard Tour

“Dear PoP,

I’m moving out of the condo that I rent at the end of the month, and the building management is charging me an unreasonable (I think) amount to do it. They’re asking for $150 as a “move out fee” and $85 to cover the costs of a security guard who will supposedly guard the unlocked front doors (to the building) while the move is taking place.

The $150 fee is not for covering costs in case my furniture damages their elevator or door. They’re requiring me to give them a $750 security deposit check for damages, which they’ll return to me at the end of the move.

This is their policy — I had to pay it when I moved in as well, but it’s been several years since then, and I’ve had more time to stew over it. It also was not in my lease; my landlord only casually mentioned that there were move-in fees for the building.

So my question is — does anyone know if I’m obligated, legally or otherwise, to pay these people just to remove my belongings from their building? I feel like it’s a hostage fee!”

I think if it’s their policy and if it’s in the lease then, even though it sucks, you gotta pay it. What do you guys think? Is this an unreasonable fee?

Dear PoP – Tenant heating question

By Prince Of Petworth


Photo from PoPville flickr user District Shots

“Dear PoP,

We live in a large rowhouse served by a downstairs heating system (first floor: kitchen, dining and living rooms) and an upstairs heating system (bathrooms and all 5 bedrooms). The upstairs heating system (a heat pump) failed three weeks ago. The downstairs heating system has experienced problems but is running at the moment. Without the upstairs system, the bedrooms are about 55 degrees. I can get mine to 62 if I run my space heater full time. The downstairs is usually a balmy 65 degrees (setting the thermostat higher causes the system to run constantly due to the house’s poor windows and insulation).

The landlord contacted a contractor after the system failed. The contractor has made several visits, each time a different technician. Each technician claims to know what is wrong and how to fix it, usually with a new part. We wait a week for the part to arrive, then another technician comes and installs it. Nothing so far has fixed the system, and each technician finds something else wrong with it. First it was a sensor problem, then a different sensor problem, then a circuitboard, then the thermostat, then the fan motor, then something else. The blizzards didn’t help the matter. The last technician to come indicated the system is somehow clogged by the snow.

We continue to communicate with the landlord. She says she is unable to come to the house to meet the technicians, so one of us roommates has to scramble whenever the contractor calls to say their van is on the way. We all work full time and cannot keep leaving our jobs in the middle of the day. Another contractor visit is scheduled for later this week, but if it fails to get the system running again, we’re approaching a month with 55 degree bedrooms and bathrooms while paying full rent (and the landlord just raised rent 4% in October). We are considering withholding some or all of our rent to protest the conditions and ensure the landlord has a concrete incentive to get the system fixed. Does anyone have experience with doing this? Could it backfire, and if so, in what ways? What does the law say about situations like this, where the house is technically livable but unpleasant? Any other suggestions about how to deal with the problem?”

Should they withhold rent? Anyone face a similar situation?