I gave my landlord a written notice in the form of a long letter detailing all of my complaints about the house and our agreement. After speaking with the landlord, it would seem the only complaint I had that was valid was a bathroom issue. The contract didn’t state “shared” bathroom but the bathroom (being in the public area of the house) is used by anyone who stops by – I feel this is a breach of contract. I am a roommate at this house. The Landlord’s sister lives here and occasionally uses my bathroom.
Landlord offered to let me leave early since I seemed so unhappy, offered me to leave within 10 days with an extra 18 days to get the rest of my belongings without breaking contract (we would sign an add on to the contract) I wouldn’t have to pay any rent, utilities – just leave after 10 days with an additional 18 days to get the rest of my things. I turned this down, however, since I feel it’s not enough time.
Now, I put my 30 day notice in on February 22nd. I paid for half of the rent (they pro-rated my rent since I would be moving out on the 24th) on March 4th (1 day late) and have not paid the final half of rent (have received reminder)
My question is: Since the contract was breached by the landlord with the bathroom ordeal, do I have to pay? If I don’t leave after the 30 days are up (on the 24th) are they allowed to evict me or because of the breach of contract (which happened before I put my 30 days in) am I able to stay longer without threat of eviction?
Since contract was breached – contract originally stated I had to pay a $15 fee per day rent was late – can the landlord still try to get me for late fees since as of today I still have not paid in full?
Since contract was breached – the contract originally stated I had 14 days to pay else a 3 day notice to “pay or quit” would be issued – are they allowed to issue this to me?
Does this make entire contract null and void? If that’s the case, are they allowed to evict me now since the contract is then null and void?
What are my rights? What would I be able to sue for with the only breach being the bathroom being used by other people when it doesn’t state “shared” ?
Copy from contract:
“1b:Rental Property Description: The TENANT will be renting the following
property from LANDLORD: 2 (two) bedrooms, unfurnished. Single bathroom,
unfurnished. Shared use of kitchen, shared use of living spaces (dining room, living
room, hallways, laundry room, storage space~ backyard and front yard)”