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The list goes on and on of all the problems I have had with my apt. complex: my parking lot is overrun with visitors- but it is supposed to be for tenants only, drug deals, and last night we had eight or nine rounds fired off- scared the piss out of me. Well, i am about to send another letter to my apt manager only this one will be certified. Since I know nothing will be done with the parking or loitering i am going to submit a Tenant's assertion and complait to the court and pay my rent in escrow. What are the chances i will win the case and be allowed to break the lease and does parking and loitering really constitute a breach of safety?

2007-05-03 16:50:29 · 5 answers · asked by Erica L 2 in Politics & Government Law & Ethics

Well i have lived here for nearly two years. They switched management companies a few months back and since then they have gone wayy down hill. I used to recommend this place to my friends, now i wouldnt tell my worst enemy.

2007-05-03 17:03:58 · update #1

5 answers

You have a good chance to have the court side with you. If you are living in fear in your own apartment complex you shouldn't be forced to stay there. The judge will think about your safety before the contract therefore you have good chances of winning this case. The parking problem will not affect the decision but the drug dealing, the gunshots going off is definitely not safe conditions to live in and your life is endangered when this happens. I don't see how a judge could deny you your case.

2007-05-03 17:00:15 · answer #1 · answered by br0hamus 2 · 0 0

I would make a list of all these events and make calls to the police. You want as many things on record as you can get. I would also send them a certified letter telling them of your intent to move out of the apartment complex in a set amount of time (30 or 60 days depending on your lease) if the situation is not resolved by management. I would specifically mention all of these things in the letter. While parking and loitering probably are not a breach of your personal safety, if gun violence and drug deals are allowed to occur, this does constitute a breach of safety.

2007-05-03 17:11:08 · answer #2 · answered by msi_cord 7 · 0 0

you will win the case if you can prove these allegations. you have to call the police when this is going on. file complaints. make sure the letters you send to your apt. manager are certified and notorized. also make copies for your record.
in the letter write the date and make sure you put that you feel unsafe. put that you can not sleep due to the distractions. let them know that if this does not stop that you are going to have no other choose but to find a safe place for you to live. Aske them to please respond within 30 days. you may get lucky and not have to go to court. they may ask you to move and if you did not break any rules they are breaking the lease aggreament.

2007-05-03 18:06:24 · answer #3 · answered by adk_in_ar 2 · 0 0

Call the police when you have issues with drug deals/gun shots etc.. Get a report.. Contact the landlord each time. After about 3 times with no resolution, just leave notifying the landlord that you feared for your life.

2007-05-03 17:07:39 · answer #4 · answered by apluribus 2 · 0 0

Make a list of all the issues for the judge ,
But focus on the gun violence .
That seems like your winning issue .

Good Luck , and choose your apt more wisely next time !

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2007-05-03 17:00:50 · answer #5 · answered by kate 7 · 0 0

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