Question:

Can I get out of my lease?

by Guest64018  |  earlier

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My lease is up in 2-3 months. I have had trouble with a couple of my neighbors with fighting. The landlord managed to evict the trouble makers. Now there is a new group that are fighting. THey damaged my car by fighting on top or it how can I get out of my lease I feel it is unsafe to stay here any longer now that my property is being damaged. I have called the police and have a case number if that helps.

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3 ANSWERS


  1. The situation you describe is not a valid reason to break your lease.

    The landlord dealt with the previous troublemakers by evicting them.

    The landlord is not responsible for the tenants' behavior.

    You can speak with the landlord, let him know that you have had enough and see if he will work with you to let you out of the lease. Understand that the landlord would be doing you the favor and is not obligated to let you out of the lease.

    Option 1:

    Offer to pay for advertising (you would be liable anyway if you broke the lease), have the place in show worthy condition and allow the landlord to enter to show the place as much as needed. Offer to stay until a replacement tenant is found. This way the landlord is out no rent or other costs, which he could sue you for.

    Option 2:

    Offer to pay the amount equal to 2 months rent to buy out or terminate the lease without any future liability. This way, you pay an upfront cost, but the landlord is on the hook for all advertising and any lost rent. You can move ASAP and not deal with showings.

    If the landlord goes for this - get it in writing!

    Option 3:

    Just move out. The landlord can sue you for all rent due per your lease until either a replacement tenant is found or your lease expires. The landlord can also sue you for advertising costs and any other costs that he may incur due to your breach.

    The landlord can get a judgment against you, ruin your credit and rental history - making finding rental in the future very hard.

    The landlord can garnish wages or bak accounts in order to collect. The judgment would accrue interest and can be renewed for up to 20 years.


  2. This is really a tough one,   It really depends on the lease.  Your landlord is not responsible for the other tenants actions.  I have rental property and if a tenant complains about someone having a party and disturbing them, I simple ask if they called to police.

    If I were you, You have a few options,  

    First: ask the landlord if he will let you go early due to the situations, where you only have a few months left he may not care.  

    Second: Waite it out, there are only 2-3 months.  

    Third:  Contact an attorney and have him review your lease and compare it to the rental property laws for your state and see if there is anything you can do.

    Hope this helps

  3. The reality is, it depends on your lease and what state, and in some cases what city, you live in.  The answers given by others to your question here are true in many cases, but not all.  What does your lease say about crime, criminal activity, etc.?  Your landlord may have a duty to provide safe housing and to deal appropriately with criminal activity.  If that is true in your case, and if you have evidence that he has not performed that duty, you can claim material breach of your lease.

    Try asking your question again with more detail about your location and your lease.  Or, try looking up the tenant's association in your area.  They will likely have resources that will help you determine your rights.  

    I'm a landlord that has just taken over a building with a few problem tenants.  There have been allegations that one of them tried to be inappropriate with a little girl.  Now that I'm aware of it, if I do nothing and she gets hurt, you better believe that I'll be somewhat liable.

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