I'm creating this topic, because I need to break my lease. I know there are other threads, but all of them are over 90 days without reply.

I'm writing a 30 day notice, but it's with the Preiss Company as well. We've had mold issues for almost 2 years, no heat all last winter, and a leaking tub that overflows if we've gone for the weekend. I have written documentation and photos of all the issues, and proof that they have not come out to fix it. This is my letter. Let me know what you think my chances are!

Quote :

" Date: April 1, 2007 The Preiss Company 333 Melrose Club Blvd. Raleigh, NC 27603 To whom it may concern: Chapter 42.42 of the North Carolina General Statutes requires landlords to make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition. You have violated this requirement by failing to maintain this unit in a safe, decent, and sanitary condition. Furthermore, I provided notification listing breaches of your duty on October 21, 2006. A reasonable amount of time (over 30 days) has lapsed and the conditions mentioned earlier still remain uncorrected. North Carolina law authorizes a tenant to terminate a lease or rental agreement when the landlord receives written notice of any breach of the landlord’s obligation under the North Carolina General Statutes, local health and safety codes, and/or the lease agreement and fails to correct it within a reasonable amount of time up to thirty (30) days. Therefore, since you have breached your responsibilities, I am terminating my rental agreement for the premises located at (my address goes here) and will be moving out of the premises on May 1, 2007. Thank you for your attention and cooperation in this matter. Cordially, (Gzusfrk) cc: copy retained for my records "

4/1/2007 2:11:23 PM

the law is the law

you will win.

4/1/2007 2:19:43 PM

Make sure you send it registered mail.

4/1/2007 2:23:22 PM

mine you have to pay that months and the next.


so you are staying a whole another month in unhabitable conditions?



[Edited on April 1, 2007 at 2:33 PM. Reason : w]

4/1/2007 2:28:44 PM

Sounds fine. Student legal ftw


^not if it is the situation described in the OP. you dont have to pay for them violating the contract

[Edited on April 1, 2007 at 2:30 PM. Reason : df]

4/1/2007 2:29:10 PM

why did you wait until now to break your lease? 2 years? all winter without heat? mold?

4/1/2007 2:35:10 PM

Stayed this long because rent is cheap, and I couldn't afford to go anywhere else. And I'm staying another month because I have to give 30 days notice legally.

[Edited on April 1, 2007 at 2:39 PM. Reason : ...]

4/1/2007 2:38:31 PM

your graduating in May?

4/1/2007 2:47:00 PM

no, I have another year left.

4/1/2007 2:47:24 PM

once you are not poor(out of college), check into the Camdens

4/1/2007 2:52:00 PM

Quote :

"mine you have to pay that months and the next."

I don't think so...by serving this letter to Preiss, what he's doing is pursuing constructive eviction. He's made the requests, and is about to provide the notice.

You'll have to pay for the days that you have stayed into whatever given month you're in, but you should be able to move out without the extra payments. You may still have to sue for termination of the lease, but its part of real estate law and is known as constructive eviction, if you wanna look up exactly what you have to do to fufill the requirements of the statute.

4/1/2007 2:59:43 PM

i just read the topic when i first posted(before editing) Basically that is if I just want to leave because i want to leave.

4/1/2007 3:05:28 PM

Quote :

"And I'm staying another month because I have to give 30 days notice legally."

Are you sure about this? I would contact someone to get a final opinion.

If it were a case, for example, of asbestos leaking out, you would most likely be able to move out with no problems. This is obviously not your case since you are still tolerating it, but it could be similar enough.

4/1/2007 3:26:43 PM

^

Quote :

"We've had mold issues for almost 2 years, no heat all last winter"

Heated living space is def. a requirement for a property to be fit and habitable, and mold can be a serious issue for a landlord too-but make damn sure it is mold before you make that accusation on paper

4/1/2007 4:01:46 PM

It's mold. It took them two months, but they came out to fix it about a year ago. Then realized that we had water leakage issues, which was causing it in the kitchen. So they replaced the dishwasher, and were supposed to come back to fix the actual mold and put in new cabinets. They never came back, and we've called repeatedly since then. They've also had to replace the dryer (because it almost caught fire), and parts of the wall in the bathroom is falling off because of mold because of a faucet leak they haven't fixed.

4/1/2007 4:04:54 PM

Jesus man...how much is your rent?

Also, check around your vents for mold. You're looking for what would appear to be black rust spots that wipe off easily. Again, make sure you don't confuse it with rust

4/1/2007 4:18:50 PM

rent is cheap, it's $295. The black spots are on the walls in the bathroom above the shower, but there aren't any spots in the vents. The mold in the kitchen was a whitish greenish. It had about an inch of hair growing out of it when we came back from Christmas break.

4/1/2007 4:20:31 PM

yeah two different kinds of mold...the black kind in the bath is the one to worry about: thats the kind to look for.

It sounds like you have a solid case, but be prepared to remain there too, cause odds are they'll get it in gear and get those two rather major issues fixed once you drop that letter. You may even want to mention the words constructive eviction in there somewhere, just so they're aware of your intent if they choose to continue to fuck up.

[Edited on April 1, 2007 at 4:29 PM. Reason : .]

4/1/2007 4:28:33 PM

You should look in the Law School thread in Old School and find some of the upper classmen who may be able to give you a good idea about what to do.

I am not sure, but I believe that under the implied warranty of habitability you can leave with no notice. NC Gen Stat. 42-42 is the correct statute. This warranty is created for people who do not have the means to vacate and continue paying rent as you have to under quiet enjoyment. Basically this warranty is there to protect poor people from slum lords. However, you will need to have detailed documentation about when you contacted them regarding repairs, scheduled visits to your home to make repairs and failed to do so, etc.

Personally, I would contact a lawyer and seek damages, especially if your heat was broken and the LL failed to repair that. I have continually heard bad things about the Preiss Co. and maybe its time to put a little pain on them that they seem so willingly to dish out on poor people who cannot stand up for themselves.

4/1/2007 4:51:28 PM

Thanks for all of the advice. I'm going to make an appointment with Student Legal Services to see what my options will be. I'm just glad I didn't throw out all those old maintenance forms.

4/1/2007 5:20:29 PM

Definitely go to SLS.... but stay on them, too. SLS is good, but you have to make an effort to stay in contact w/ them & on top of things because there are only 3 attorneys for the entire student population. Any forms & pictures you have will solidify your case, but it sounds like you have a solid case and should be able to vacate the premises w/o having to wait an additional 30 days.

4/1/2007 7:32:50 PM

1) You need to also require they return your deposit in full or threaten legal action
2) Make sure you have a LOT of written proof. Priess has a legal department.
3) It would not hurt you call minimal housing of Raleigh (it's what I did to fuck schrader properties). Here's their site
http://www.raleighnc.gov/portal/server.pt/gateway/PTARGS_0_0_306_202_0_43/http;/pt03/DIG_Web_Content/category/Resident/Housing/Cat-1C-2006307-154846-Minimum_Housing_Code_Enf.html

DO NOT tell them you are planning to leave. there are rules that say you have to plan to live there. *make* the decision officially after they come. They have about a week turn around. Priess will then be FORCED to comply and you're STILL out of your lease.

When Priess denies your claim you'll need to hire a lawyer. Trust me they'll refuse you. That lawyer can then sue for you and will almost definitely win, and you'll get your money. Tell the lawyer they get to keep anything over your deposit for legal costs. You'll love me for it.

4/1/2007 9:54:43 PM

Yeah, there's not a security deposit or anything like that. But the rest of your advice is great. Thanks for the information, and the link.

4/1/2007 10:06:23 PM

Quote :

"I am not sure, but I believe that under the implied warranty of habitability you can leave with no notice. NC Gen Stat. 42-42 is the correct statute. This warranty is created for people who do not have the means to vacate and continue paying rent as you have to under quiet enjoyment. Basically this warranty is there to protect poor people from slum lords. However, you will need to have detailed documentation about when you contacted them regarding repairs, scheduled visits to your home to make repairs and failed to do so, etc."

I have to tell you, it's been 3-4 years, but I had documentation of the shit they never fixed, and I still ended up getting fucked over it. SLS was no help at the time, but maybe they've had more experience with thosee Preiss sons of bitches since then. And yes, they certainly do have a legal department, so don't expect anything without a fight. That letter is all well and good, but they make their living off of betting that poor college students can't afford legal fees. Shut 'em down

4/2/2007 10:27:10 AM

i went to SLS in november-december about terminating my lease early. i met w/ pam and she wasn't much help, but had alot of experience w/ preiss. i got so tired of dealing w/ preissthat i just paid the $150 and got someone to sublease. but i was lucky that i didn't have a security deposit when i signed.
you'll definately need a lawyer, and don't waste your time talking to the idiots in the office. if you talk to anyone over there go in person so they can't hang up the phone on you (they did that several times to me)

4/2/2007 4:51:36 PM

screw SLS - call the housing authority and have them send an inspector ... that's what I did, and that plus my photos/other documentation got me out of a lease with an old landlord (not Preiss - it was private)

4/2/2007 8:00:03 PM

just got an email about an online preiss survey, not sure if you got it too. i moved out 4 months ago and still get these weekly emails. anyway i'm sure you'd love to give them reviews,
http://www.zoomerang.com/survey.zgi?p=U26CN3LN8S52

4/2/2007 11:29:52 PM

in gmail they can block people or automatically send them to the spam

4/2/2007 11:31:10 PM

I am confused... How long was your lease for? Most leases only run for a year, but you have lived there for two years already, so should not your lease already be over?

If so, then you are already on a month-to-month lease, so you don't need to do anything but give 30 days notice before leaving.

4/3/2007 4:17:36 PM

Well, you can live there for a year and then renew a lease...

4/3/2007 4:38:17 PM

preiss is 12 month lease standard. i think he said he kept living there b/c financial reasons- it is cheaper than other places, without the amenities (sp?) cause all you're paying for is the space inside the apartment. no shuttles or anything.

4/5/2007 12:49:13 AM

Call 5 on your side.

4/5/2007 11:50:55 PM

Quote :

"Well, you can live there for a year and then renew a lease..."

Is that what he did? If not, then he has no lease and is therefore putting a lot of thought into a non-issue.

4/6/2007 12:39:26 AM

^^yeah let WRAL do something right for you, I'm sure horrible living conditions and your story would make a perfect '5 on your side' story. Preiss Company should burn, they are garbage.

[Edited on April 6, 2007 at 12:42 AM. Reason : ]

4/6/2007 12:41:29 AM

I just want to clarify that I'm a female
Also, I sent the letter on Monday, and haven't heard anything back yet, but I'll keep you posted when I do hear something.

4/6/2007 6:44:24 PM