Landlords want early termination of the lease.

[ICantLogIn]

They say we come home too late at night and don't tell them when we go on vacation. Well my wife is a psych RN in the the ER and gets home sometimes at 2-3 am and is up at 4am getting ready to go again. Anyway they wrote us a letter saying that "an early termination of the lease requires you to pay the remaining rent balance of the lease". The lease ends on 8/15/18 they want us out 2/15/18 which is fine because its super uncomfortable. But we don't want to pay the balance of the lease that they are terminating. So does anyone have a letter or copy of a contract for a early lease termination that we could have them sign?

This is the latest letter.

Email: January 6, 2018
Dear Icantlogin
Regarding your emailsofDecemberI4.2017.January3rd and4th.2018.itis clear you
have disregarded the fact that it is your repeated and ongoing violations of the lease that has
caused the early termination of the lease. We are terminating the lease early as a result of your
repeated violations of the lease, which have caused continuous and ongoing disturbances and
interference with our family's quiet use and enjoyment of our home. Unfortunately, your actions
have remained an ongoing nuisance, despite our amicable efforts and requests.
As you will recall, approximately two (2) months into the lease period, in good faith we
not only requested that you reduce the noise level of your loud late night/early morning returns
home (of banging doors etc. and calling out between rooms in your unit), but we also took on the
unexpected expense to mitigate such unanticipated and unnecessary loud, late night/early
morning entry(s), and to drown out similar daytime noise levels coming from your unit, via
additional soundproofing and utilizing a white noise machine.
Notwithstanding our good faith efforts and requests, the loud and boisterous late night/
early morning, and daytime, disruptive noise levels have continued to cause disturbance to our
family and has continued to interfere with our use and enjoyment of our home. We have
informed you that we start our work and school days early. Yet your continued conduct has
continued to cause interrupted sleep, detrimentally impacting our ability to work productively the
following day, and has caused undue annoyance, stress and anxiety to our family. We are often
startled awake not only from the noise levels upon your late night/early morning entry to your
unit, but also by the speed in which you travel up the driveway during such times. We have
again, more recently, given you notice of your continued unacceptable travel speeds up and down
the driveway, even during the daytime hours.
In September, 2017, we had also asked you, verbally and in writing, to let us know when
you would be traveling for an extended 4-5-day period so we could complete additional sound
proofing in your unit. Notwithstanding our text to you on December 8, 2017, asking if you would
be away for the holidays, you did not provide us notice of your "pre-planned," extended vacation
to Arizona (as mentioned to us in your email of 1/4/18); rather, you replied that you'd only be
away for a couple of days. However, in reality you were away from noon on Friday, 12/8/17 until
Wednesday, 12/13/17 at 1 :30/2am, therefore had you informed us that you were going to be away
for this longer time period, it would have allowed us an opportunity to complete such additional
soundproofing. Instead, we were once again startled awake by your arrival back home from your
Arizona trip at 1 :30/2am, at which time there was an extended commotion beginning in the
driveway and continuing into the house thereafter.
1
We have given you a thirty (30) day notice of termination of the Lease, in compliance
with the Lease, based upon your breach and continued violations of the lease; however, our
courtesy to extend the date upon which you are to vacate the property to sixty (60) days, at your
request, is contingent solely on your agreement to vacate the property no later than February 15,
2018; in doing so, we are not waiving any of our rights and remedies under the lease, including
without limitation, for you to vacate earlier as originally requested.
Lastly, it is unclear in your email of 114/18 if you are proposing a buyout amount payable
to us or to you. There is no buyout payable to you under the lease. On the contrary, an early
termination of the lease requires you to pay the remaining rent balance of the lease. Also, your
reference to a sale of our home is not relevant to your ongoing breach and continued violations
of the Lease provisions, as set forth above.
We are hoping to resolve this matter amicably in accordance with the foregoing.
Thanks. Ed and Michele

The lease says nothing about noise or quite hours. We are rarely home, had a brunch once for a 72 yos bday. Never had a noise complaint, the space is about 600sq so talking between rooms is a odd statement because all the rooms and hallway are pretty much one room.

[digitaldeath]

pay them nothing

sue them

get the house

[digitaldeath]

wat state is this ?

[fatnslow]

What state/city are you located ? How much deposit /cleaning fee did you put down ? Do you have any attorney friends that can draft a letter for you to basically tell them to go pound sand and return your deposit when the lease is mutually terminated early ? I WOULD never pay the remaining lease amount after vacating or as a land lord expect payment. In most states the renter has the leverage when in situations like this.
Is your landlord new to the slum lord game or is it your mom ? I hope you're in an area where rentals are easy to find because you need to get your deposit back get the fuck away from these folks.

[berko]

lawyer up.

[mall walker]

depends a lot on the state... I'd gtfo and not pay shit, odds of them taking you to court and winning seem stunningly low to me. disclaimer talk to a lawyer blah blah

[neufox47]

So they want to sell the house and are trying to kick you out?

This is Tuckerman right and you are in NH?

I'm no attorney but it looks like you should file a 540-a petition, its free unless you lose. Appears the landlord is trying to evict you without following the eviction process. Which almost assures you win.

Assuming you win I'd use it to negotiate the landlord paying for your move and any increase in rent. No sense living with a shitty landlord.

[Danno]

Ed and Michele don't really understand how this whole rental thing works.

Generally speaking, landlord tenant laws favor the tenant, but it is state specific and municipality specific, so you need to either contact a local professional or at minimum provide that info here.

[digitaldeath]

do not waste money on a lawyer

you are better than them

[flyandski365]

They sound pleasant. Are they trying to sell the house? Sounds like they're trying to build a pretense to kick you out and get a payday at the same time, then sell the house?

Tomfoolery. I'm no lawyer but this sounds shady as shit.

[Peruvian]

Ask Ed and Michelle to site page and paragraph of the portions of the lease that they allege you have violated. When they can't, advise them that you are willing to agree to mutual termination of the lease with your deposit being credited towards the last month's rent.

As had been said, it's tough to evict a tenant without cause and it doesn't sound like the fact that they don't like their neighbor's hours isn't going to cut it.

[MTT]

My land lords are also power tripping pricks.

I just ignore everything they send me and tell them to get of my fuckin porch. It's been working for me.

[skaredshtles]

I'd bet there's more to this story.

But give the info - there's no fuckin' way that the landlord makes this happen...

[Dantheman]

Appears the landlord is trying to evict you without following the eviction process.

This, and extort six months of rent payment from you to boot. Call their bluff. Very slim odds they'll take legal action for the lease remainder, and even slimmer odds they'd win. Communicate only in writing, save everything.

[ICantLogIn]

We are in Ashland NH

[digitaldeath]

this is my favorite part

"you did not provide us notice of your "pre-planned," extended vacation
to Arizona (as mentioned to us in your email of 1/4/18); rather, you replied that you'd only be
away for a couple of days. However, in reality you were away from noon on Friday, 12/8/17 until
Wednesday, 12/13/17 at 1 :30/2am"




what is most annoying is their uppity and formal writing tone, I would ignore them and their pathetic letter



also
they want free money!

tell them to get in line

[fatnslow]

I'd bet there's more to this story.

But give the info - there's no fuckin' way that the landlord makes this happen...

Sounds like in the minimum the op/opette drives fast and walks loudly but that's no reason for eviction.
Maybe Ed/Michelle are new to having people live above them having sex at 10 times the rate they do and it's putting a new strain in their relationship ? Hate to break it to them but soundproofing isn't going to help mitigate much noise from your upstairs neighbor.

[MTT]

Serous on the just ignore the letter.

another tack you could take,. Spend a bit of money on a lawyer, sue them for emotional distress ect ect.

They have made you uncomfortable in your own home for no good reason. Now this is what your wife thinks about all the time. Not comfortable in your own home.
You have been threatened and unnecessarily traumatized over your financial and living situation.
You could probably get money from them and make moving profitable

[ICantLogIn]

We paid 1200 is a deposit same as rent. Its a new apartment they built sort of in there house with a separate entrance. Here is the first email/pdf.

Dear Eric and Emily,
This letter is to notify you that Ed and I are "Terminating the Lease" on the apartment.
It is not working out for our family and we are no longer going to rent it.
We are asking that you move out by January 15, 2018.
We regret any inconvenience this may cause you.

Dood its winter..

My wifes reply email

Dear Ed and Michele,

This is unfortunate news. We regret that you feel this way, for you are a wonderful family and have been very accommodating landlords. In return we have respected and accommodated all of your requests after signing the lease and moving in.
Our lease officially ends 8/15/18, so this would be a request for an early termination with 7 months left on the contract.
We will try to find another place to live as soon as possible within the next 60 days. It will be challenging around the holidays and also in the middle of the winter, so we appreciate your patience.
We will keep you informed of our progress towards a move out date.

Thank you,

Then their reply

Thank you.
We will extend our request for early termination to, 2/15/2018, (60 days)

*Please use care at the end of the driveway, the corners where it meets the street are soft with snow from plowing.
(...one of our delivery trucks got sucked into the gulley)

Thank you,
Ed And Michele

During all this we are trying to close on a house and the closing date looks like 2/25 ish. So we can't sign another lease.
Then them

Reminder Notice:
Please be sure to be moved out by February 15, 2018.

The house is being sold.

Thank you,
Michele and Ed

Sold??? never seen a sign or listing and we have been looking. This set my wife off a bit so she sent this.

Dear Ed and Michele,


icantlogin (Tuckerman) and I have been diligently searching for a new place to live, for we don't want to stay where we are not welcome. I'm feel terrible that it has come down to this, and it is causing us hardship. Finding a new place has proven taxing and challenging for these reasons:
1) The season of winter, less availability and increased difficulty moving in harsh conditions.
2) The holiday season; you sent a request for us to move in only 33 days on Dec 12th, right before Christmas. We had just returned from a planned trip to Arizona, and spent funds on our family's Christmas gifts. Coming up with a large amount of money to move in such a short time has caused significant financial hardship. Clearly, it was not budgeted for.
3) Appropriate/satisfactory housing: we want to find a place to live for an extended period of time and not have to move so frequently. That is why we signed a year long contract with you. Also, we must find a place suitable for our pet cat.
4) We have had to take time off from work to view housing.
5) We have been looking at properties to purchase, and have obtained financing. The process of buying may take a bit longer than your requested move-out date.

If you have put this property on the market, it is state law that the new buyer must honor the original lease agreement. It may also be a positive marketing asset; to provide income towards the new mortgage.
Or, if the seller/buyer does not want to honor the lease contract, they may opt to try and buy the lessee out of the contract. We are familiar with this for we recently viewed a duplex for sale.
Who is your realtor? Perhaps we can have ours look into it?? ​

Please know that it is our goal to move out as quickly as we can, and try to honor your request for early termination of the lease, but it is more difficult than we anticipated. The proposed date of February 15th may not be feasible. We sincerely apologize for any inconvenience this may cause.
We will keep you updated on our progress-

Thank you for your consideration,

and here we are .

[digitaldeath]

take them for a little ride

[skaredshtles]

I gotta say - this story could get AWESOME!

[DBdude]

it's landlords like that make home ownership worth it

[GoldMember]

They need to demonstrate where in the lease it states, in specific detail, what constitutes your rules violation. They further need to demonstrate where in the lease the termination for cause comes in and the detail of how it is that you're expected to be obligated for the full term of the lease. Yes, if you leave the leased property early, you would likely have an obligation for the full term payment. However, if they terminate the lease, they will need to demonstrate specifically where you have agreed to a full term payment clause.

With all that said, I'm not an attorney and would advise you get one as local and state laws vary widely. But also, this is contract law and there are standards that apply everywhere. The essence of a contract is that there was a meeting of the minds in what was agreed to. If that can't be specifically located within the lease, then a court gets to decide and my bet would be that you're in the favored position on this. Regardless, a local attorney with some level of expertise on landlord/tenant law could make light of this situation for you in pretty short order. I don't think it would cost you much and if you're in the right, be sure to request compensation for your legal expenses.

ETA: It looks like their closing date would be 2/15 or thereabouts. What in hell is their basis of claim for lease income through 8/2018? They're looking for a six month bonus that doesn't even impact them. Get an attorney and go for the counter-route which is to threaten suit. They wouldn't stand a chance, in my opinion. They're trying to steal from you, call them out.

[ICantLogIn]

Serous on the just ignore the letter.

another tack you could take,. Spend a bit of money on a lawyer, sue them for emotional distress ect ect.

They have made you uncomfortable in your own home for no good reason. Now this is what your wife thinks about all the time. Not comfortable in your own home.
You have been threatened and unnecessarily traumatized over your financial and living situation.
You could probably get money from them and make moving profitable

Thats no joke I was home when Ed got the 2nd email and I think he tore his kitchen apart and wife (or some women) was screaming and he was yelling "get the fuck out of my house" it was 30mins after my wife sent the email and then left. I was worried Id have to get in a fight with this guy in front of his wife and kid. My wife has heard him on the phone scream about killing people who work with or for him. Shes not at home right now cause he makes her nervous.

[neufox47]

540-a dude. Looks easy to fill out. If what you say is true the landlord will get a stiff backhand from the judge. I'd first get it clarified that they are demanding payment of all rent thru lease end date, and bring that to the hearing.

Filing a Petition Under RSA 540-A


What is a 540-A petition?

RSA 540-A is a law designed to provide quick relief to tenants whose landlords have tried to force them out of their apartments by:

locking them out,entering their apartments without permission,turning off their utilities, orseizing their property.

Although the statute applies to both landlords and tenants, it is used most often by tenants to protect their rights against landlords.

Even if you are behind in rent or have done something that might give your landlord reason to evict you, he must use the lawful eviction process. Your landlord cannot deny you the right to use your apartment or personal property unless he has obtained a court order. If he tries to force you out without using the lawful eviction process, he has violated the law and you can file a petition under RSA 540-A.

Read RSA 540-A to see everything that the law prohibits. This process is designed for tenants to represent themselves and, if the situation is urgent, to get emergency help. Either download the petition or go to the district court for your town and ask the clerk’s office for a blank petition form, which you can then fill out yourself. You can also go to the superior court, but it is generally easier to get swift action from the district court.

Since the law was designed to deal with emergencies, in most cases you should be able to obtain the form, fill it out, and obtain a temporary court order, all on the same day.

How does the process work?

If the court accepts your petition, a hearing will be scheduled within 30 days for both you and your landlord to be heard. Generally, the only reason the court might reject your petition entirely would be because you did not fit the definition of a tenant under the statute.

Emergency order

If you tell the court that you have an emergency, such as being locked out of your apartment, and the court agrees, the court will issue a temporary order. This order will be served on your landlord and he is required to follow it, even if he disagrees. If he does disagree, he can ask for an immediate hearing and the court will schedule one within 5 days. This then becomes the final hearing at which both sides can tell their version of events. Until the final hearing, however, he must follow the order.

Final order

The final hearing is when the court will decide whether your landlord violated the law, whether he should be permanently ordered to stop the violation, and whether you are entitled to damages.

Tips for filling out the petitionBe sure to use the correct name and address (preferably home, not work) of the building’s owner.If you are not sure of the owner’s name or address, you can go to the Tax Assessor’s Office in your town. If the owner lives out of state, you may be able to get the name of his agent or representative from the Secretary of State’s Office in Concord.If a property manager is the one causing you the problem, you can name the manager as a defendant. In this case, you should also name the owner as a defendant.Be sure to check the box next to each kind of help that you want the court to order.In addition to any orders you want the judge to make right away (such as putting you back in your apartment, turning your utilities back on, returning your personal property), you may ask for final orders, including money damages, and that the defendant pay for service and filing fees.If you want to ask for damages, you should check that box now. You do not have to name an amount at this stage. If you do not check this box now, it may be difficult to ask for damages at the final hearing. The law allows the judge to award damages of $1000 at the time the petition is filed. More damages may be awarded if violations continue to occur after the petition is filed.What happens next?

When the court has made its temporary order, get a copy of the petition and the order, and take both to the Sheriff’s office in the county in which the landlord lives. Ask the Sheriff to serve both the petition and the order on the landlord directly, as soon as possible.

The Sheriff is supposed to serve the papers without charge and then bill the losing party for the service fees.If you cannot get to the Sheriff’s office, the police in the town where you live should serve the papers on the landlord.After the Sheriff or police officer returns the papers to you, showing that the landlord has been served, you should file a copy of this “return of service” with the clerk’s office at the court.Final Hearing

The court’s temporary order will include a date for a final hearing at which the landlord can present his defense. At this hearing, you should be prepared to present your case, describing what happened and explaining why you needed to file the petition. If you do not attend this hearing, your case will be dismissed and the temporary order will no longer be in effect.

Your presentation should include a request for an order that your landlord permanently stop doing whatever acts were violating the law, and a request for money damages for past violations, if appropriate. The statute provides for damages of $1000 per violation, and each day of a continuing violation is considered a separate violation.

Bring copies of any papers you want the judge to see and witnesses who can back up your version of what happened. If you need further advice when you get to this stage, feel free to call LARC.

What if the landlord doesn’t obey the order?

Once the sheriff has delivered a copy of the court’s temporary order to the landlord, the landlord is legally obligated to do what the court has ordered. If the landlord does not obey the order, you can file a motion asking the Court to enforce its order.The courts have blank motion forms that you can use. Ask the Court Clerk.

You can ask the court to take whatever action is necessary to get the landlord to comply, including fines or the threat of jail. You should also point out that the landlord cannot claim ignorance of the law once he is served with the court’s order. This makes his violation knowing and willful, and willful violations allow the court to double or triple the damages, although this will probably not be decided until the final hearing.

Note: If you are represented by an attorney in a 540-A case, your chances of success will greatly increase. If you win, the court can order the landlord to pay your attorney’s fees, so you may be able to find an attorney who will take your case and agree to seek fees from the landlord.

This information is based on the law in effect at the time the information is generated and is not a warranty at times thereafter.