Lease Questions?

Okay, So we sent out landlord 30 days notice that we would be moving out because he broke the lease. The lady in the office next to us had a key, that we never knew about. She let someone in our apartment to look at a pipe and didn't tell us until 4 days later. In fact, she didn't even lock the door, we came home that night and the door was unlocked. In our lease it says we will be given 24 hours notice of who is coming and why. It also says if it's an emergency (if you want to consider this an emergency, it was leaking to the bethroom on the restaurant below us) we will be told within 24 hours of who was there and why. So we sent this letter telling him this, and he hasn't said anything, its been a week. We also e-mailed it to him yesterday, stil haven't heard anything back. We found a place, but we need to sign the lease this week to hold it, but we're afraid that he isn't replying, and in 3 weeks will be asking for rent. What would you do?

Most areas have a landlord/tenant mediation authority. If there's one in your town, call. If not, contact the landlord again by Certified Mail, Return Receipt Requested. Tell him definitively that you are leaving, giving a date when you will vacate the property, and be very specific about your reasons. DON'T trash the place. Leave it "broom clean" and in similar condition as it was when you moved in.
When the receipt is returned, you'll have proof that your letter arrived. Be prepared for him to want the rent. You may even be required to appear in Small Claims Court. Document everything, though, so you'll have a clear record of the whole episode.

I would send him a certified registered letter, return receipt requested with signature. In that letter, state your reasons why you are moving out and that any and all deposits be returned to you within thirty days, make a copy of that letter for your records. If he does not comply with that request, then you take him to small claims court or if there isn't one, retain an attorney who will charge the landlord his fee also, if and when you go to court.

Hopefully you sent your notice certified mail or all he has to do is say he didnt get it. The leaking into the restaurant below would be considered an emergency in most states, due to potential harm to people in the restaurant. If your specifically states you would get notice within 24 hours, does it say a "written" notice? if not, if it just says verbal or its not specific then you may want to reconsider as you could be sued for breaking your lease. Below is a website that has more specific information for the state that you reside, hope it's helps.

If you are under a lease I am not sure a judge will find that this was a valid reason to break it. Did they damage anything when they came into the apartment? Will you be able to prove the door was left unlocked? This sounds like something you could try to work out with the landlord. Tell him you want a list in writting of every person who has a key, he may say the neighbor is his employee. Remind him that you expect him to abide by the lease as you would.