How can I prove that my landlord did not provide a copy of my lease to me so that I can move out prior to the end of it?when i first moved in i signed a sheet that was only the second page of a...
How can I prove that my landlord did not provide a copy of my lease to me so that I can move out prior to the end of it?
when i first moved in i signed a sheet that was only the second page of a twelve month lease i knew it was stupid to do without seeing the rest of the lease but i trusted that the landlord had told me everything that i needed to know when i tried to give a notice that i would be leaving he informed me that i couldnt when i asked him for a copy of the sheet i signed since he hadnt given me any copy he gave me just the first page and not the one i had signed i desperately want to move out now
It is nearly impossible to prove that something did not happen, and certainly, you will never allow yourself to be in this kind of situation again. Breaking a lease can be difficult to do, no matter what state you live in, but I can offer you a few suggestions on how you might be able to leave prior to lease end.
First, your landlord's primary objective is maintaining a stream of income for the unit. If you are able to find a substitute, someone with good references and good credit, it is possible that he will release you from your lease. This is something you want to approach politely and maturely, because he will be doing you the favor.
Second, if there is anything serious wrong in your apartment, for example, bug infestations, roof leaks, or faulty plumbing, this is likely to be in violation of Health Department standards. You might be able to negotiate a settlement with the landlord not to report problems in exchange for being released from the lease.
In either case, if you are released from the lease, be sure to get something in writing that shows you are released from the lease, so that the landlord does not go to the magistrate once you move and sue you for the balance of the lease.
The bottom line is that you signed the lease and agreed to honor the terms of the contract. Just because you have now changed your mind does not (under most circumstances) give you the right to renege on the agreement. The landlord would then lose the money that you assured him for the remaining time left on the lease. I am currently facing a similar problem: My wife and I signed a 12 month lease in January, and she just accepted an out-of-town job, and we will have to move. I still have four months remaining on my lease. I spoke with the realtor, and he assured me that the owner of the property would sue me for the remaining amount if I decided to walk away and (illegally) refuse to honor the remaining months of the lease. We are attempting to sublet the property for the remaining four months--the legal and proper thing to do, since I have no intention of illegally breaking the lease. You might consider subletting your apartment (or house), and this might fulfill your legal obligations. You also might consider speaking with a lawyer, but your signature on the lease means that you are financially responsible for the time period in question.