<p>I could use some advice - sorry for the long post. </p>
<p>D has lived off campus for some time. Her current apartment we found advertised; when we viewed it, everything looked “fine” (which has turned out to be a rather relative word). We were told the departing tenants were professors who lived there for three years; they were moving because they bought a house. We viewed the apartment when they were still living in it, and everything looked nice and normal. I also did basic due diligence on the landlord and everything came back fine. </p>
<p>Anyway, D moved in, and, when I am in her college city, which is sometimes for 2-3 weeks at a time, I stay in the second bedroom.</p>
<p>It’s an o.k. apartment (duplex) in a very expensive neighborhood, and within a five minute drive to campus; we picked it because of the location, and because the landlord/owner lives right down the street. </p>
<p>There have been nothing but problems from the beginning - small problems though that I have more or less left up to D. The landlord is hopelessly incompetent, but, he is very responsive, clearly means well, and tries his best. He seems to have inherited this property and while he tries very hard to be a good landlord, he just cannot seem to do anything right. </p>
<p>Anyway, sometime early summer we got a note from him saying that he was leaving town for the summer, because of the heat. He also cares for his elderly mother, and the tropical climate during the summer months is too much for her. So he left instructions with names and phone numbers of persons to call if we need maintenance, and he disappeared. </p>
<p>Over the summer the small problems grew. The abridged version is that in addition to overgrown trees, bushes, shrubs and grass, the apartment is now almost overrun with more variations of bugs than I feel like listing. Plus, outdoors there are mice, rats, possum, and other weird things. The laundry facilities have stopped functioning correctly, and the landlord’s own property is hopelessly overgrown - I’m not exaggerating to say that it looks like the stage setting for Hogwarts. Oh - just this past week, I found mice droppings on the kitchen counter, although I have not found any other evidence. But that’s not a big deal - we don’t often eat there because the stove has never worked, although the landlord has sent two different people to try to fix it. </p>
<p>D has a ridiculous schedule - she works three paying jobs, carries 15 credit hours, volunteer coaches, and continues to serve on student council. She leaves home every morning without fail at 5:00 a.m. for practice, and does not return home until after 10:00 most nights, and she works both weekend days too. </p>
<p>Because of her schedule, and because the maintenance people we have been directed to call who show up are strange men who we do not know and who do not speak english, and who also do not appear to be affiliated with any specific legitimate companies (such as real plumbers, landscapers, etc.) I have taken over the responsibility of looking out for the condition and upkeep of the apartment. </p>
<p>The latest event is the ceiling in the living room. I have been calling the landlord and the maintenance people for weeks - and can document in my cell phone records - that I have been reporting a leak, and a growing crack in the living room ceiling. What happens in response to my calls is that the landlord calls back, leaves a message that says he’ll send someone; someone comes to look; they show up, look, and leave; I don’t get much accomplished trying to communicate with them as to their intentions because they never speak any english. So far three or four different unidentified men have come to look at the ceiling, as well as the roof outside; they stay for about five minutes maybe but nothing ever actually happens in terms of repairs. </p>
<p>Anyway, I’m traveling this week, and I called the landlord again Monday morning to explain that the ceiling problem is getting worse. He called me back; I asked him when he was returning to town but he wouldn’t tell me - he just evaded the question as if I hadn’t asked. (He always calls from a private or blocked number; I probably could trace him if I wanted to but prefer not to.) He said he thought this was taken care of already (but never explained exactly how he thought it was supposed to have been taken care of); that he would “send someone”; I asked him to send someone in the evening, if possible, and to make the time arrangements with D. D called later to report that he said he would send someone at 8:00 a.m., but, we both have explained to him repeatedly that she is never home at 8:00 a.m. - if he could arrange for an afternoon appointment, great. As far as I know, no arrangements have been made. </p>
<p>This morning, D calls to tell me the unsurprising news that the ceiling has finally given way and the drywall is all over the floor; there’s a gaping hole now in the ceiling. She said she is going to clean up the mess when she gets home from campus tonight, and that she will save the debris in a plastic bag, and photograph it before she cleans it all up. </p>
<p>My question is this: the lease is in my name (intentionally - this apartment costs more in monthly rent than the monthly mortgage, taxes and insurance on my 3/2 pool home with front and back yard in our home city). There are only four months left on the lease. There is other, better rental property available and I have appointments this weekend. I could literally rent something and execute moving D within days. </p>
<p>Am I justified breaking the lease? And assuming we leave the premises (if I pay the lease out or decide not to - in which case the landlord will keep the last months rent plus deposit), am I at some risk if this means that the landlord’s property is effectively abandoned? In other words, what is the risk if we move out, the apartment is vacant, and something happens to it (such as the entire rest of the ceiling caves in) - am I am the last person legally responsible for it, and the landlord is physically missing? I mean, it’s not like I can call him to do a walk-through; there isn’t a mailbox to write to him, and he doesn’t have email. When I call him, it’s to a local phone number - can leave a message only, and he calls back.</p>