What do you think? Can I break my lease?

Question

I came home today and my neighbors apartment door had been kicked in her apartment was robbed clean. This is obviously concerning and would like to get out of here. I knew when I moved in 6-7 months ago that this wasn't exactly the Ritz Carlton of apartments but I didn't expect to be this bad. The stories I have heard... A drug dealer lived downstairs and it took them months to take legal action to evict him. Break ins are evidently aren't surprising and management has taken little action to help. I also come home to the smell of marijuana coming from upstairs several times a week. The main door into the building has even been rigged to allow anyone/everyone to come and go, again, no action when mentioned. I just want out, I don't feel safe, does any of this constitute breaking a lease? I have access to an attorney through my University that I could excercise if it would help. Any thoughts? Should I cough up the two months and the security deposit and run or what?

I guess I wasn't clear... My lease isn't up until October... It will cost me 2 months rent along with my security deposit to break the lease...

Answer 1

See if your landlord will allow you to break it before contacting a lawyer. If he doesn't, and trust me when I say this, do it legally. Either pay the rest of your lease early and bolt or let the legal system run it's course (which may take as long as the rest of your lease anyway). You don't want a broken lease on your record or any money due on your credit!

Answer 2

I can certainly understand your concern.

At the very least go talk to the attorney at your University and see what he says are your options.

Also construct a written account of what has been going on.

Such as:

October 13,2006 Drug dealer evident in lower apt level.

November 15, 2005 Management finally evicted drug dealer despite tenant complaints.

November 21, 2006 Apt 251 broken into. Everything taken.

November 22,2006 Main door of building will not lock. commented to management.

Dec. 3, 2006 Door still repaired complained to management again.....

Etc Etc.

If you have written records even though it may just be notations on a calendar or a spiral notebook they can hold up in court as documentation of events.

Answer 3

It depends on if the apartment management wants to let you out of your lease. I read in a San Diego magazine a few weeks ago that a woman was raped in her own apartment by a neighbor, and she doesn't have the legal grounds to break the lease without giving up a lot of money.

Answer 4

I would check into the lease to see if maybe the apartment owners have already violated the lease agreement; is so, I would think you can leave with no problem, but you might want to have the University attorney look at the lease.

Answer 5

Just move out. If the landlord has anything to say about it, tell them you felt in fear for your safety, and felt it necessary to move out as soon as possible. Try to negotiate with him about the rent money and security deposit- if you clean up your apartment nice and offer to come by and show it to other prospective renters for him, he might let you by easy... and since you have an attorney available, just move, and if he raises a fuss about money, tell him you will be in touch through your lawyer, that you're speaking to a lawyer to see what rights and options you have in regards to the money owed. He will probably back off...

Good luck... and remember- its mroe expensive to take you to small claims court to try and get rent from you than the rent probably amounts to... talk to your lawyer.

Answer 6

Just talk to your landlord and explain the situation. Tell him/her that you are not happy or satisfied with the situation you are forced to live in and you
would like to put a termination date on the original contract due to the
condition. Be nice about it. And work towards a reasonable date to leave.
I'm sure the owner will work with you. his concern is you leaving and being left
with an empty apartment, but if you work in a date it's another story.

Answer 7

It would take longer to legally break the lease than it would for you to wait the two months or come up with the money. I don't blame you for wanting to get out though.

Answer 8

Have you written complaints to the management and saved copies? Get a print out of police calls to the building. Get other good neighbors to back you. Prove your case. A paper trail helps.

Answer 9

well talk to the lawyer get his opinion but i think you could break the lease cuz of the main door issue , if you asked them to fix and they havent and they know then there at fault that is if you didnt know it wasnt working when you moved in. there are codes for apartments i would call the lawyer.

Answer 10

this is in many situations "breach of contract" damages. which ability the owner might sue you for the expenses they are certainly out as because of the your breach of hire. on the flipside, the regulations of maximum states require the owner to make a good faith attempt to miinimize losses led to by employing a breach of hire. which ability the owner ought to make the hassle to discover a clean tenant if a tenant breaks a hire. So, on the severe side, you will possibly be able to desire to probably be to blame for the whole hire for the the remainder of the hire. on the low side, you will possibly be able to desire to conceivably be to blame for 0, if the owner can hit upon a clean hire-paying tenant right this moment and for this reason would not lose any hire.