All Forum Posts by: James Mccarthy

Hi all,

I have been a resident for 4 years and there is a lot of work as far as paint, carpet etc. that needs done to get ready for a new tenant It was pretty much trash when I moved in and mentioned so on the checklist but nothing is really covered in the normal wear and tear. The place has bed bugs, roaches, trash everywhere, countless dv's instances. There was even a murder across the street. I have tried to move out and refused to sign the lease for another year, after a few months my rent jumped from 950 to 1500-1600 on a month to month if I didn't sign a new lease. So I signed for another year to get lease down to 1200. I have video's of bugs, reported everything from the bugs to drug needles in the kids playground, and can prove there was a murder across the street just off the property. I have 8 months left and just can't take it anymore. To break the lease its a 3 thousand dollar fee, plus whatever they will charge on top of that. I talked to them about wear and tear and they said they will charge me for everything, carpet, paint. They say its policy.

My question is, I need out and if I have to take them to court, is this at my expense, will this be on my record and make me homeless? What can I do in this instance? I know the cost will be 1500 to replace all carpet, flooring, and paint if I do it on my own, if I let them I know it will be 3-5 times that amount. Every Month someone is evicted here and all of there belongings are all over the property, dumpsters, halls, parking lot etc. I really don't know what my options are here. Also if you watch the videos, for some reason I could not edit out the f-bomb in the last few seconds. I am just talking to myself as I was very disgusted with this. Any rate any advise is greatly appreciated, as I do have a family, I desperately need to move, I am stuck. I don't want to be the reason my family is homeless. I need to know if I am hurting myself is this goes to court. Thanks.

dropbox photo and video example

Great guys thanks so much for your advise. I thought I would simply be evicted because of the occupancy issue. I am actually very happy to pay 3 thousand and give plenty of notice vs having to pay 10 months of rent. Now I have some perspective on the issue and I will go talk to my landlord and work something out. 

Hey all this is my first post, I am new to this site and may not understand all the rules just yet but please humor me as I am in a situation. 

I am in a 2 bed rental with 2 adults and a 7 year old boy in Colorado (3 tenants). I have been here for 4 years and just signed a forced lease to be able to maintain reasonable rent as not signing rent would had cost me an additional 4-500 a month and was getting out of control. So I signed a lease for 12 months out of necessity. Now in the midst of this I have had a custody issue for my 2 girls over the same 4 years which now I am about to get full custody, if I have both my girls I face immediate eviction and we are all homeless. I read the Colorado laws on breaking the lease and it doesn't seem that I can get out of it. I have to have my children in a home with me, how do I do this? I have read over my lease agreement and found the section talking about breaking the lease they will charge me 3 grand. I am not understanding fully how this works, posted is part of the lease section that I don't understand.  Are they going to charge me 3 thousand dollars on top of the 10 months of rent ? Or is this just a reasonable fee so they can find replacement and I can leave on good terms with reasonable notice?  

Please help I face eviction if I have my girls but what to do if I can't get out of lease. I was planning on buying a house at the end of the lease if I could but if I have to rent again I can't have an eviction an expect to be able to get another place to rent.

LEASE BREAK FEE

Resident shall be liable to Agent for a lease break fee plus for the repayment of any Lease concessions if for any reason

prior to the end of the Lease Term, any extension, or renewal, Resident vacates the Premises for any reason without fully

performing all Lease covenants including Resident's covenant to pay all rent due under the Lease (hereinafter "Lease

Break Event"). Upon the occurrence of a Lease Break Event, Resident shall pay a lease break fee in the amount of

$2,288.00 as well as pay, repay, or refund any Lease concessions in the total amount set forth in any Lease Concession

Addendum. Unless Resident vacates pursuant to statute, Resident shall pay and otherwise be liable to Agent for the lease

break fee plus the repayment of any Lease concessions upon the occurrence of a lease break event regardless of the

circumstances which Resident vacates including but not limited to voluntary surrender, at the request of Agent as the result

of Resident's default under the Lease, as the result of an eviction or forcible detainer proceeding, or otherwise. Resident

agrees that the lease break fee is a liquidated damage amount agreed to by Resident in consideration of, among other

things, Agent's waiver to seek from Resident future rent for the entire amount of any uncompleted rental term, plus

re-letting related fees, costs, and expenses in the event of Resident's default. Resident's agreement to pay the lease break

fee and repay any concessions shall under no circumstances release Resident for any liability to Agent under this Lease

for any other charges or amounts due including but not limited to utilities, or any damages to the Premises, and Agent shall

retain all remedies for other non-compliance with the Lease. Resident agrees the lease break fee only relieves Resident

from liability for the future payment of base monthly rent and re-letting related costs and expenses.