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I AM RENTING A HOUSE FROM A FAMILY MEMBER
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Healthy Environment | Can you break an apartment lease if you ARE unsafe living there? |
earlier I asked "can you break a lease if you feel unsafe living there" and responses I got were "a contract is not about your feelings"....
okay, what if you actually ARE unsafe living there? |
 |
 
estielmo
 |
A generic question with no details gets a generic answer.
You must prove the landlord is actively promoting or allowing specific illegal activities. |
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chatsplas
|
DEPENDS
Why do ;you feel you are unsafe?
Not enough information
Unless your LL is part of the reason for you feeling unsafe, then the answer is still probably NO. . .and then his actions must rise to a certain level
You've posted several times, and I fear you are fishing for legitimacy for you breaking your word, breaking your lease
READ the lease, carefully, and you want to move, do so, but be prepared to pay the consequences of your actions, according to the lease terms. . . loss of security, reletting fee, penalty fee, whatever. . . |
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acermill
 |
You can't break the lease if you FEEL unsafe or ARE unsafe living there. Understand that you rented PREMISES, and didn't sign on to renting premises which were guaranteed 'safe'.
Your only 'out' would exist if you could demonstrate that the owner of the property grossly violated rules of common statute which prevents safety. That is basically limited to NOT providing a front door with a lock which secures the premises.
Understand that crime occurs in many areas of the nation. Your landlord only rents premises. They are not required to maintain a 24/7 security system which might beat the Hades out of a person which might threaten you.
If you OWNED your own premises, may I ask who you would try to hold responsible for your security ?
I am, frankly, amazed at what tenants expect from those who rent premises for living. Understand that landlord do NOT operate KinderKare's, or anything similar. If you insist on heavy security, then be prepared to pay for premises on which the landlord voluntarily provides such heavy security, at considerable cost to tenants.
In summation, you cannot legally break a lease based upon your 'feelings'. You will need to demonstrate that the landlord has abrogated the basic needs of the tenants in providing a reasonably safe and secure environment. |
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kimmamarie
|
For any good answer to your question, we would need more info. Like what you feel is safe. And what exactly you feel is making you unsafe. You have a general question that cant be answered with any degree of certainty. What is unsafe? More info please. |
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Bubbles
 |
If someone has tried to brake into your house- and you don't have proper windows.... then maybe. If you discovered that your living in a poor neighborhood, and your the opposite color of everyone else after dark- doubtful! You have to prove that the apartment is not safe- proper doors, proper windows... type stuff. If you living next to drug dealers- try talking to the owner of the building about getting out of the lease and about whats going on. If the owner does nothing and won't allow you get out- then call 911 ever time something happens. No one will know it's you- just keep calling until something is done about it. And you can call if people are just hanging out- or making noise after hours. If you think it's drugs- tell 911. Then go back to the owner and repeat your request. Basically if your a pain in the ars and are involving the police- he might let you out of the lease. Plus you want police records showing how unsafe the area is- if you have to leave on your own- and sue him for your deposit back. |
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Ghiselle D
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You need to look at the lease. You also need to specifically state why you cannot live there, talk to the landlord about fixing the problem and be sure that in small claims court your reason is going to stand in front of the judge.
For example if there's a hungry tiger living in your living room and you've asked the landlord to remove him and he hasn't done so, this may stand up in court.
It sounds like you're going to have to spend some dough (or contact the authorities) in order to prove that your safety is in jeopardy. Which might not be easy. |
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ObaMoose
 |
Depends on what you mean by unsafe. If there are fire code problems, bad electric, mold etc. Then you can contact the local code enforcer to establish that there are problems with the apartment and the landlord will be required to make changes. Things like mold are a great way to get out of a lease and then you can even charge the landlord for moving fees.
But if it's because there are creeps in the building you don't like, then I don't think you have so much of a case. However, you must be provided with adaquate locks for your apartment and the halls must be lighted. If you are attacked the landlord very often can be sued for inadaquate security. The outside entrance usually has to had a lock on it. This is why most apt buildings nowadays have cameras. |
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Kristen
 |
Read your lease. All stipulations are stated in there. If you feel as if your landlord is doing something illegal then contact your local police station. |
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david b
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It's going to depend on your state and local laws. Where are you located?
In the areas I'm familiar with, yes you can break the lease if the residence is "uninhabitable". However, that's usually defined explicitly.
For example this document list things that can make a place "uninhabitable" in California:
http://www.dca.ca.gov/publications/landlordbook/problems.shtml
If you're just trying to get out of your lease, talk to your landlord and see what he's willing to do. |
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Expert Realtor
 |
No, for two reasons:
1. You would have to PROVE that it was the landlord's fault.
2. Crime reports on an area or neighborhood are public records, and tenants are held responsible for checking those prior to signing a lease. |
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Stephanie
|
I just signed a lease yesterday, moved from a different state, and I woke up this morning to find someone purposely burned down my leasing office. Now I have to wonder if I can get all my money back and move. I was there for one night, and I did not sign up for arson. |
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pam
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I had previously lived in the apartment complex and it was a great neighborhood (6 years ago) I moved back in this past October - since then there has been 2 burglaries (one 2 doors down on the left) and last weekend another one (1 door away). Last night there was an assault on someone 4 doors down. I am not feeling very safe - can I move and break my lease? |
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riverablaze
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Isn't the apartment complex supposed to do criminal background checks before renting? The complex I live in created unsafe living conditions by renting to people that have criminal backgrounds, are on parole and continue to commit crimes. Just because an apartment building is "safe" when you move in doesn't mean it can't change during the term of your lease because of the people that the apartment complex knowingly lets in with criminal backgrounds. I feel you have a right to expect that they would not let people in that would create unsafe living conditions for you. That is what I am experiencing now and I'm fed up with it. When I pay rent I should have a right to decent living conditions and should expect management not to rent to people with criminal backgrounds just because they want the money. They are knowingly creating unsafe conditions and that is not right. There should be a law that states a tenant has a right safe and healthy living conditions and "safe" should not just be a lock on the door as I've seen on some of these posts. |
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