Don’t run DIRTY if you decide to break your lease
Listen, I know that times are hard and that it is way too easy to just pack up your stuff and ROLL out and break your lease. But you know what?? That’s what I call “RUNNING DIRTY”!! So now, look at what’s going to happen. You are probably going to get sued for breach of contract. You are probably going to get a judgment against you. You are probably going to have your credit adversely affected. We won’t even TALK about how this judgment will effect the way you get another apartment or home. OOOOOOO, that’s just nasty.
whoa! Whoa! whoa! Now, hold up! I know that some of you are going “Well, damn, what do I do if the landlord is running me crazy with a raggedy place. Do i have to stay there until I pass out??”. Nooo, of course not. The statement I just made above is for those persons who just wake up one day and decide to RIDE OUT.
Now, for those of you who find yourself in the middle of a death trap or HELL HOLE, here’s a few tips for you to help you hopefully GET OUT OF YOUR LEASE:
1) Check your lease FIRST
Almost every lease has provisions regarding the landlord’s responsibilities. Review it thoroughly and go over those things with the landlord in the event that he or she is not doing what they are supposed to do.
2) DOCUMENT, DOCUMENT, DOCUMENT
Pay close attention and document what needs to be fixed and when it gets fixed. If you find yourself constantly calling for the same problems, START sending certified letters to your landlord. These letters will serve as your proof of giving the landlord NOTICE of the problems that you are experiencing in your place.
3) What is State’s Landlord obligations
Some states have laws and regulations that detail the MINIMUM a landlord has to do. These laws are helpful in the event that you don’t have a written lease for the time you’re there (remember, in some states, if your lease is over a year, it MUST be in writing or there is technically no contract).
4) Give the Landlord a chance to fix it (Reasonable time to fix it)
Some states will dictate how much time a landlord has to resolve any discrepancies that are found in the home or apartment. Be careful because some of these states requires the landlord be given written notice so you can’t think that calling them on the phone is going to do it.
5) Go to Court
Now, once you’ve walked out the door, the landlord may take you to court. However, you may decide that you want your money back for your deposit. Well, some jurisdictions have courts that handle exclusively landlord / tenant conflicts.
6) Consult an attorney
Now, you don’t HAVE to have any attorney but if you find yourself dealing with an unusually difficult landlord, you may decide that an attorney is necessary.
Just remember one thing, you shouldn’t have to live in a hell hole but it’s important that you are smart about the steps you take to get OUT of that hell hole.
It’s tough taking the time to hear the worst case scenario
When you go to an attorney, mechanic, doctor, or whatever professional you decide to meet, you go there with the express purpose and desire that they will fix your problem. The reality is that you are confident that they can help you evaluate your situation and provide you a meaningful solution.
However, the reality is that in order for them to let you know what they can do, it’s best for them to let you know the WORST CASE scenario. The hard part about the worst case scenario is that most times, we don’t want to hear about it. We don’t want to know about what will happen if the wheels fall off, or if we have to have a procedure, or if we may lose. That’s not why we went to that professional in the first place.
Despite your fears and apprehensions, it really is in your best interest for you to hear both sides. You want to be physically, mentally, and emotionally prepared for the possibility that you may hear some information or news that you simply DO NOT LIKE. It’s not sexy or pretty but it is reality. For every good situation there is going to be a down side. You gotta know about it and be prepared for it just in case you find yourself having to make that tough decision of having to deal with that situation.
Listen, the best thing to do when you find yourself having to face a unique situation where you have to seek the counsel of a professional is to accept the fact that you may hear some information that you just DON’T want to hear. However, you can’t make an informed decision unless you know both sides of the outcome. Trust me, in the end, you will appreciate that worst case scenario (especially if it doesn’t happen).
Don’t disappear! Keeping your attorney informed of your whereabouts
One of the fascinating things I have found about dealing with clients is that it is EXTREMELY important to them that they be kept informed about all of the subtle nuances of their cases. It’s not really a surprise because everyone’s case is uniquely personal to them so I can understand why they are so passionate about their case. What I DON’T understand is WHY the clients disappear??
Ok, I’m not talking about an alien conspiracy here. The fact is that LIFE doesn’t stop just because you have a law suit pending or a case being worked on by your attorney. Your bills have to be paid. You still have to make it through the day. I understand ALL of those things. The thing that gets wild is people don’t understand how important it is for your attorney to know if you are planning to leave the city, the county, and uuuuuh DUH, the STATE!!!
Now, I’m not saying that you can’t move but clearly in some cases, your moving is going to have some impact on your case. In some events, it may even be detrimental. So trying to whine or scheme or be slick may not get you out of the simple fact that you DISAPPEARED and didn’t tell anyone. What’s even WORSE is if your attorney is standing before a judge trying to explain where you are and even THEY don’t know!! Let me be the first to tell you, that is NOT sexy!!!
Listen, I am not saying that your attorney is your boss, or your carekeeper, or your mom, or your dad. Just remember, your attorney has to be able to account for your whereabouts if the need arises for you to appear. Even if the need doesn’t arise, you want to at least be able to give your attorney the opportunity to explain to you the ramifications of you moving should you decide to move. You want to be kept informed. Your attorney wants to be kept informed as well.
The power of a positive reputation
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You know, it’s funny. People spend alot of energy trying to ‘get over’. We plot! We scheme! We hustle! We are taught that the nice guy finishes last and that you’re SOFT if you try to do a kind deed. Now, don’t get me wrong. Our world is inherently competitive so we all have to make tough decisions to do things that we don’t necessarily agree.
However, you never when a good thing will happen for doing a good thing. If you don’t believe me, how many times have you found yourself getting a compliment for something you do all the time? You know what I’m talking about. Sometimes, we don’t give credit to the good things that we do on a daily basis. Think about it. Whether it’s returning a phone call in a timely fashion, helping explain some paper work to someone, or helping someone move something, we do so many things that are positive, people have no problem talking about those things.
Now, you may not hear those positive words. Hell, you may not be able to believe that your actions make a difference. The truth is “YOU are makking a difference!” Regardless of what you think, the positive things that you do is making a difference every day. Every day, someone is affected by the positive things that you’ve been doing. You are doing things that makes a difference in somoeone’s life every day. And every day, you are making a positive influence which bolsters your positive reputation.
Whatever you do, never doubt the power of the reputation you are building for yourself due to the good things that you do!
Don’t freak out. Keep it cool
The beautiful thing about being married is that you have someone who compliments you and makes up for your deficiencies. My wife has an awesome ability to remain cool under some situations where I clearly would lose all KINDS of cool points. On more than one occasion, she has calmly dealt with a situation that made me stop and go, “how are you remaining cool?”. I tell you what, watching her and how she responds has been a valuable part of my growth as a person, professional, and an attorney.
So many times when situations happen that we are not prepared for, we, quite frankly, freak the hell out! Don’t feel bad. It’s a natural response. I have lost cool points on more than one occasion so don’t feel guilty.
On a serious tip, when you find yourself in an unfamiliar situation, take a second to breathe. One of the best things I heard was from a friend of mine who is a doctor. She said the first thing they teach you in medical school is to remain calm. She said “You’re the doctor. How’s it going to look if YOU freak out?”.
Now, none of us are robots. We will all have some situations that are presented before us that will cause us to instantly revert to instincts. Just remember the phrase “cooler heads prevail” and before you go into full “FREAK OUT, SHUT DOWN” mode, take a second, breathe, and keep it cool. You will be amazed by what you will accomplish if you can keep your composure.
