please help!!!!!

pegah1350July 7, 2010

Hi,

I am in a complicated situation; would you please give me an advice?

Four months ago, we re-signed our lease agreement for one year more. But unfortunately, a noisy and inconsiderate upstairs neighbor moved in one month after that. Since then we couldnÂt sleep well for even one night!!! . I gave them note twice, and asked them politely to walking quietly; but they didnÂt pay any attention to it!!!! . I asked the manager to notify them, he tried to be helpful; but it didnÂt work!!!

One month ago I lost my job too, so my real nightmare was beganÂ

Now I gave up!!!! Because I know that there is no need to fight with them because I canÂt pay the rent of my apartment no longer!!!!

So I decided to move out and reside in another apartment with a low rent amount. (I live in Los Angeles, Ca). But the problem is that, how should I write the letter of lease termination so that I wouldnÂt have to pay extra money? Should I write that I lost my job and I canÂt pay the rent or write that we canÂt tolerate such a noisy neighbor & we have to move out?

I read my agreement, it has been written as "NOTICE OF TERMINATION" as below:

" Renter shall give written notice to owner to vacate the premises at least 30 days in advance of such vacate date, upon expiration of this agreement or at any time thereafter. Renter shall be liable for payment of rent through the later of: (a) the end of the lease term; (b) the expiration of the 30-day notice; or the date that renter vacates the premises or (c) the date that renter vacates the premises."

What does it mean?

Thanks,

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larke

Unfortunately, you re-signed the lease when you did, and are therefore responsible for paying the rent. You should not have moved without giving notice, but should have at least asked the landlord if you could help find a new tenant. Other people lose jobs, but handle things differently - it's just a little late to be writing a termination note, isn't it! And don't bother now complaining about the upstairs neighbour (or even your job) because the landlord can't 'eat' complaints instead of food. Why didn't you write the note sooner? I'm sorry, but I don't know what to tell you to do now.

    Bookmark   July 8, 2010 at 4:33AM
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graywings123

Based on your lease agreement, you are responsible for the rent on that apartment for the next 8 months. Forget the noisy neighbor - it's irrelevant and would not be enough to allow you to walk away from the lease.

Without knowing your personal financial situation (assets, liabilities) or the local laws, no one here can give you specific advice. Get on the internet and find out if there is any local free legal advice you can get. There might be a landlord-tenant agency in your area.

In my opinion - and I am not a lawyer and have no knowledge of your local laws - you need to notify the landlord as soon as possible that you need to move because you cannot pay the rent. In some jurisdictions, the landlord has the obligation to make the effort to mitigate his rental loss (and your costs) by trying to re-rent the apartment to someone else. But right now, as long as that apartment is vacant, you are on the hook for the monthly rent.

    Bookmark   July 8, 2010 at 9:26AM
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graywings123

" Renter shall give written notice to owner to vacate the premises at least 30 days in advance of such vacate date, upon expiration of this agreement or at any time thereafter. Renter shall be liable for payment of rent through the later of: (a) the end of the lease term; (b) the expiration of the 30-day notice; or the date that renter vacates the premises or (c) the date that renter vacates the premises."

To answer your question about what this means: It means two things. The first sentence means you are obligated to pay the rent on the apartment for the duration of the lease.

The second sentence repeats that obligation and then goes on to deal with how you go about notifying the landlord about moving out at the end of the lease.

    Bookmark   July 8, 2010 at 9:37AM
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dilly_dally

At this point, since you have already moved out there is no chance for negotiation with the LL. Some LL might be willing to work with you to the best advantage for the both of you in a dire situation like losing your job (some won't nor do they have to).

Your best option right now is to contact the LL in writing as soon as possible so they can rerent it as soon as possible. If you do not give notice the LL cannot rerent it without getting the courts involved to affirm the apartment has been abandoned (in most municipalities) and this just eats up more time causing you to owe more money. Once the apartment is rerented the LL will let you know what you still owe on the lease you signed.

    Bookmark   July 8, 2010 at 5:52PM
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moonshadow

I did some googling. Los Angeles County has a new program to help renters like yourself. I'd urge you to contact them immediately. They can advise you from there.

Los Angeles County HPRP (Homeless Prevention and Rapid Re-Housing Program)

    Bookmark   July 9, 2010 at 6:18AM
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