2007-03-11 01:29:13 · 11 answers · asked by Jeff S 4 in Business & Finance ➔ Renting & Real Estate
My apartment was broken into. When the police showed up he matter of factly stated that they get 2-3 burglary calls per week in my apt. complex. This completely shocked me and I now am having second thoughts about living here.
2007-03-11 01:35:53 · update #1
Talk to your landlord first. If you don't get anywhere, then I would suggest talking to a local real estate attorney or your local legal aid group.
There is a legal concept called the Warranty of Implied Habitability. This means that any place you rent must be habitable and that means that the property must meet a minimum set of standards for health and safety -- and this applies whether or not it is specified in the lease.
The interpretation and definition of this warranty and whether it applies to your situation (that the property is not safe) will be controlled by how local law has dealt with this in the past. An attorney experienced with tenants rights in your area would be able to help you the best.
2007-03-11 05:44:10 · answer #1 · answered by Anonymous · 1⤊ 1⤋
My mother's home was recently burglarized and I understand the feeling of insecurity and violation that creates. If you are so frightened that you simply can't live there - be honest with the agent or landlord and see if they can offer you any way out. Chances are you won't be able to simply walk away from the lease, but offering to help them re-lease the apartment is a reasonable approach.
Unless the landlord assumes some duty for security in the lease and is negligent in providing that security or oversight, the criminality of others is something the landlord couldn't reasonably be expected to control.
It's always a good idea to call the local police precinct to research how much criminal activity is taking place in an area before signing a lease - and your situation is an unfortunate example of why.
If you can demonstrate that somehow the landlord's actions or inaction exacerbates the criminality at the apartments, you may be able to force a lease termination in court. However, it's a long shot and you'd have to be able to convince a judge the landlord actually contributes to the problem instead of just being an innocent victim of circumstance.
2007-03-11 11:22:18 · answer #2 · answered by njc_flhtc 4 · 0⤊ 0⤋
Sorry... I think once the lease has been signed you are pretty much stuck with it. The same is true if you had bought a home and this had happened. It was up to you before you agreed to the contract to have checked into the surrounding area either through asking around or going to the police dept., as they will usually tell you approx. how many calls they usually get in a certain area. Good luck
2007-03-11 10:58:15 · answer #3 · answered by irishsprig02 1 · 0⤊ 0⤋
That depends on the county/state you live in. If you have ever been late with the rent, even a day, your lease is officially over. (landlords will not tell you this because they may lose out on more than just the occasional late fee). Also ask your landlord about purchasing a new lock, most states will allow you to make your own repairs (in oklahoma its up to $200.), and you are able to deduct the amount from your rent. (showing receipt of course).
and the best thing to do is talk to your landlord/manager, let them know how you are feeling they may have suggestions about making you feel safer.
2007-03-11 09:33:14 · answer #4 · answered by LoverOfQT 5 · 2⤊ 0⤋
Only if the owner caused or abetted the burglary. There is no guarantees against burglaries... if the owner provided reasonable precautions that is normally expected of landlords in the area...then that is all that is required. Making the tenant feel safe is not part of the contract. rather its part of the tenants research before entering into the contract...
sorry but i believe you have to pay. Your recourse is to negotiate...who knows the landlord just might meet you half way.
2007-03-11 09:39:50 · answer #5 · answered by McDreamy 4 · 0⤊ 0⤋
I would talk with the manager of the community. Next move you make, be sure to contact the local police department and get an incident report before you sign a lease. Also, purchasing renters insurance is the best thing you can do, incase of a break-in or an accident. It can really save you.
2007-03-11 10:24:57 · answer #6 · answered by Kristan H 2 · 1⤊ 0⤋
Just talk to your landlord. I've found they usually don't have a problem if you give them some kind of notice (usually a month). Take care, and don't let whoever did this to you et the best of you. If you are in a bad neighborhood, I can understand the move, but if it's not and you're moving simply because this is where it happened, you might want to think about that. Don't give them the satisfaction of your fear. Good luck!
2007-03-11 09:36:58 · answer #7 · answered by Trish 5 · 1⤊ 0⤋
Generally, no. Unless the landlord has breached a covenant in the lease. All persons assume the risk of criminal activity, and thats not the landlord's risk (unless it was the landlord who robbed you, other than the rent, that is).
2007-03-11 09:33:54 · answer #8 · answered by Anonymous · 1⤊ 0⤋
no legally you can't, but you can speak with your landlord and ask if he would make an exception if the place can be rented. As long as he doesn't loose any money he maybe ok with it.
2007-03-11 09:32:59 · answer #9 · answered by Shelly t 6 · 0⤊ 0⤋
talk to a lawyer and sue?
2007-03-11 09:31:57 · answer #10 · answered by Anonymous · 0⤊ 3⤋