My sister in law woke up in the middle of the night to a strange man trying to kiss her. He climbed up her balcony, broke into her apt, and walked into her bedroom where she was sleeping.
Also the night before, she almost fell through her balcony. One of her legs went through the floor. They did fix it within a reasonable amount of time.
She's a single mother of two and feels that she can no longer live in these apts but cannot afford the $500+ reletting fee.
We live in Texas. Is there anyway to get out of the lease?
2007-08-07 16:32:59 · 7 answers · asked by Theresa 3 in Business & Finance ➔ Renting & Real Estate
I'd like to add that the man who broke into her apt was not arrested, he claimed he was her "boyfriend" and was welcome anytime, which was untrue. I'll be speaking to the police superviser tomorrow in regards to that.
He's "living" in a nearby building in her complex with 5 other people in the apartment and is not under the lease. The management has falled to contact him in regards to this situation which happened last Sat.
Does that help in breaking the lease?
2007-08-07 18:22:51 · update #1
If your on a month to month lease write a 30 days notice to your landlord if your on a year lease either wait til your year is up or call your landlord and ask what you can do
2007-08-07 16:38:01 · answer #1 · answered by mikesdaman71 4 · 0⤊ 0⤋
You (your sister) can break the lease if the apartment is not "habitable," meaning running water, electricity, no rats, etc. A break-in could happen anywhere, so a single incident that would not make it "uninhabitable."
However, the landlord is responsible to make reasonable precautions to ensure safety. If you wanted to break the lease, you can tell the landlord that you're so upset by the break in and you don't feel the landlord has taken reasonable precautions, and if he doesn't let you out of the lease then you'll will sue for distress, etc.
Same with the legs-through-the-floor incident: "Let me out of the lease or I'll be at my chiropractor running up a bill and I will sue you for reimbursement."
2007-08-11 12:55:38 · answer #2 · answered by Genki 3 · 0⤊ 0⤋
Without seeing the lease, it's hard to determine what "rights" the lease affords you (is it a TAA, TAR or other lease). State law gives you the right to terminate a lease in specific situations involving military transfers and family violence situations. Most larger cities have a Landlord-Tenant organization that assists Tenants with their legal rights, but you must have all your ducks in a row before contacting them. She should make notes of everything that happened....dates, times, what was said, who was present, etc. The Texas Property Code (on-line) is a great reference (Chap. 92) for these type issues.
2007-08-11 15:50:58 · answer #3 · answered by liveinaustin 3 · 0⤊ 0⤋
Probably not legally, but you can ask the property management if they would consider waiving the reletting fee in light of what occurred.
However, if they refuse to do so, your sister-in-law still has a valid binding lease, and she will be expected to fulfill the terms of same.
2007-08-07 16:40:32 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
Not unless the break-in was solely the landlord's fault. For example, if you told him about a window lock that was broken, he never came out to fix it, and this is how someone broke in, then he would be responsible. Highly unlikely. The landlord is not responsible for crime in the area.
2016-05-21 03:39:12 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Personally, it would cost the landlord too much money to take her to court. Just bail.
2007-08-07 16:41:03 · answer #6 · answered by Donna J 2 · 0⤊ 0⤋
you need to talk to the city/county about the state laws concerning renters and their rights.
2007-08-07 16:38:01 · answer #7 · answered by Chrys 7 · 0⤊ 0⤋