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taylorroberts3434 | Do Apartments have to Disclose Criminal Activity about the Complex before you move in If you asked them? |
My girlfriend and I just moved into a cheaper complex in Houston, TX. On the 17th day of our lease, my girlfriend was on our balcony when she witnessed an armed robbery. The grown man that was shot got out of his car and was then mugged.
Obviously this complex is not as safe as our Office lead us to believe it was. Do we as tenants have the right to move with out paying an early termination fee?
We would not have moved in knowing that over the last 3 months there have been over 209 emergency phone calls from that location. The first day we moved in to the complex we found a shell casing to a 9mm. We again brought up the safety of the complex, and they told us it was probably a kid playing with it, "that doesn't happen around here"
This was the 9th report of a shooting in 60 days!
Thanks |
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Chris
|
NO THEY DO NOT - it is only proper for them to respond to your question that it is unlawful to answer the question and refer you to the local police department - it is always your due diligence in that case, so you wouldn't have a case -
It would be your word against theirs and if you moved out, they could not only keep your deposit, they could be a bad reference when you try to move into a new place -
Maybe you can put an ad in the paper and sublet it out, or make a deal with the landlord to buy your way out of the lease - otherwise, you are stuck! I don't think kevlar is deductible on your taxes either -
One last recourse that you may have is that you do have a right as a tenant to the quiet enjoyment of your property - if crime is a problem, the landlord should have a responsibility to mitigate it, meaning do whatever he can to solve the problem, be it eviction of problem tenants, security detail, better locks, video surveillance, etc - you may want to check with legal aid or your state attorney's office to see what recourse you have - maybe even sue and go on Judge Judy or People's Court - sometimes embarrassment works wonders.
Good Luck! |
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Janet P
 |
The landlord has nothing to do with the crime rate in an area. It is not a legitimate reason to terminate a lease.
It is your responsibility to get crime statistics before you choose a neighborhood to live in, not the landlords. |
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**JUIICY GIIRL**
 |
yeah you are stuck. If you tried to take it to court they would probably tell you its your responsibility to chk out crime rates b4 you move somewhere..
Here a good rule for you--the cheaper the rent--the more likely any ol body is just living there..
** maybe the LL will let you break the lease if you pay a certain amt |
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acermill
 |
You signed a lease and didn't do the required checking on your own. You are now in a situation of 'we said, they said'. That won't hold up in court. Sadly, you elected to move there without doing the police report checks on the property. They are easily had by calling the local police department, as you have now discovered. The time for you to have done those checks was BEFORE you signed a lease and moved there. |
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Classy Granny
|
They probably do have to disclose that if you ask, but you said you would not have moved in if you had known so that means you didn't ask. If you don't ask there would have been no reason for them to tell you. |
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josh_c
 |
They probably won't let you out, but I'd make sure that every time I saw a perspective client walk in I went down to the office and asked them about it loud enough to be heard.
They'll likely let you off for a lesser price if you're stopping them from getting any business at all. |
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Gertie
 |
Why didnt you do your homework on the place. When you are going to move to an area that you dont know anything about you should randomly drive by morning and night to see if there is any activity. |
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reenzz
 |
It is completely your responsibility to research the area before you set up residence. |
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Jesse
 |
Here comes your politically incorrect answer:
Buy an 18" barrel pump action 12 gauge - on a budget go a Maverick 88 by Mossberg. Also get a conceal carry permit and pack atleast a 9mm - personally I prefer .357 revolvers. The cost of these both around $400 at somewhere like budsgunshop.com or go to Bass Pro or Cabelas.
After that get yourself out of there asap no matter what the cost to your credit record - not worth your life - pick her up and move her out. They knew, they lied and they pay. |
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iriegirl
 |
I think their obligations to that effect would have been spelled out in your lease. I don't think they are responsible though. Before I purchased my condo I called the police dept. and talked to them about the neighborhood I was considering moving into. They told me about the crime rate and also the person I talked to also knew of a couple of officers that lived within the area. I did decide live here and have had no regrets.
I guess if I were you I would weigh the cost of losing your deposit and moving , against living in such a dangerous area and taking your chances and living in fear every day. You may have a chance in small claims court getting your money back , it may be worth a try, but to me my safety and peace of mind would come first. It might just pay to spend an hour in a lawyers office to get some advice. Or maybe look in phone book for a tenants rights group or something along that line that could advise you where to go from here. Good luck to you. |
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omegahpla
 |
If the apartment managment deliberately lied and you can prove it they are guilty of fraud, and you should be able to void he contract.
If you have no evidence then you have nothing, though you might well win in a small claims court because the manager obviosly knows about it, and you obviously didn't want to move into a high crime complex.
A seller does have a duty to disclose such things, and so does a rental manager because a lease only differs from a sale in time and scope of trasfer of rights to the property to the buyer, or leasee who is just a buyer for a limited time. |
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Ro
 |
there was a shoot out in the apt that i just rented it was not disclosued to me & now i am being harrased by police & some people all hrs of the night. i am in fear of my life & what should i do?
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