Want to terminate a lease, what are my rights in this situation?

[westbroc90]

I am currently renting an apartment in Louisiana. This month (may) is month 5 on an 8 month lease. Have not payed rent for this month yet. I have had several problems with it and would like to terminate my lease and move back in with my folks temporarily so I can save up some money and move some place better. According to what I have read of LA law*, it says if a serious problem is ignored, then the tenant my terminate the lease but it requires substantial proof of lessors failure to meet their obligations. The problems I have been having are #1 painting was done in the apartment next to mine which is vacant at the moment and after I complained of getting a smell in my apartment to the management, I was informed by the building maintenance man that the "contractors" (most likely NOT licensed professionals) did not use any sort of ventilation or even open a window while they were in the apartment painting. I have been getting a strange smell coming in through a vent in my bathroom on and off for a month and I believe it was paint fumes from the adjacent apartment. I have been running the fan in the ceiling nonstop and that helps a bit but I still smell it sometimes and its also running up my energy bill. I have no proof of this other than what they maintanence man verbally told me, after all how can one record a smell?

The smell forced me at times to sleep away from the bathroom and closer to the window and sliding glass door on the street side which brings me to problem #2, there are several other "ghetto" apartment complexes across the street and the residents often drive "boom cars" and play music at ear splitting volume, and the sliding glass door does not block it out at all. Now this is somewhat out of the control of the apartment I stay in but they do have a "courtesy officer" who as far as I can tell has never done anything to deal with this situation. I have even had to have a doctor check out my ear. The proof I have had of this are the 20 or so calls I have made to the local Sheriffs Office about the noise, I think these calls are recorded and saved and if the apartment people were to try to sue me and make me pay the full lease amount plus their attorney fees maybe I could get a hold of the recordings as evidence. I dont know if this is substantial proof or even what constitutes substantial proof. I am sure I will be at a disadvantage because they have more experience dealing with this sort of thing.

Well my rent is due by midnight today or else it is considered late and they start to tack on the fees. I plan to talk to the management before that this afternoon to see if they will let me out of the lease but I dont anticipate that they will be cooperative. I was advised to just pay the rent and give them what they want but all the crap I have dealt with living here is really pissing me off I would like to know what my rights are and if I have a case if this thing goes to court before I go in there to discuss it with them, so I dont end up making a fool of myself.


*My source
https://docs.google.com/viewer?a=v&q=cache:iXDulCWaS2UJ:www.ag.state.la.us/Shared/ViewDoc.aspx?Type%3D3%26Doc%3D220+renters+rights+louisiana&hl=en&gl=us&pid=bl&srcid=ADGEESgZQad0DUqvcq0rjr-UUfYgmx_6K-okyPAcz1UT48ZGoiFmDpVsb8bVVjJmk06M3NgMdhCRhjEDIQOEMi8peFCC5udc6fXSwneZ58CS7rxyeWzPrq57OMd-eISMtXT5O6kmmNj0&sig=AHIEtbSqVRM6Gfcng0XnvSweGnhZzBPuwA

[cinnard]

Unfortunately loud car music and the outside environment have no bearing on your ability to break a lease without penalty. This is not any wrong doing of the complex so they are not at fault.

With regards to the painting you could have an argument here but you need documentation showing that you have contacted Management on multiple occasions. Email or certified letter. If they fail to resolve this after providing them ample time to deal with it then you have a case. However it does not appear you have done this.

However, this is one weird stipulation I remember reading somewhere that you need to create an escrow account and put the equivalent to your rent in this location. Basically the judge needs to make sure this is not just a tactic used to stop paying so by showing you are still holding the money in escrow you get past this. In the end though this is a question for a lawyer which will probably charge more than the cancellation fee or three months remaining on the lease.

[maddox]

Unfortunately loud car music and the outside environment have no bearing on your ability to break a lease without penalty. This is not any wrong doing of the complex so they are not at fault.

With regards to the painting you could have an argument here but you need documentation showing that you have contacted Management on multiple occasions. Email or certified letter. If they fail to resolve this after providing them ample time to deal with it then you have a case. However it does not appear you have done this.

However, this is one weird stipulation I remember reading somewhere that you need to create an escrow account and put the equivalent to your rent in this location. Basically the judge needs to make sure this is not just a tactic used to stop paying so by showing you are still holding the money in escrow you get past this. In the end though this is a question for a lawyer which will probably charge more than the cancellation fee or three months remaining on the lease.

You can possibly speak to someone at a tenants rights you may have free lawyers willing to hear your case to advise you on what's best to do.. they have helped me and trust me they advised me well...