How can I get out of my lease?

Question

Recently, I've had a peeping tom/burglary issues at my current apartment. Between myself and my neighbor, we have caught this person 5 times trying to look in and/or break in. We have filed police reports and notified the leasing office. The leasing office, however, has done nothing to provide extra security not even so much as providing more adequate lighting. I sent a certified letter to the leasing office and the management company informing them of our issues and letting them know that the stationary panel of our patio door is not secure and can be easily opened making the lock and charley bar useless. After about a week, we spoke to the apartment manager who told us that the door was fine, but it is not. The panel that is not supposed to move can be slid open as if it were the operating panel...there is no caulking or nailing or anything that would usually make this panel stationary. So, since I seem to not be getting anywhere with the leasing office and I have informed them of my issues and given them time to address them, is there any way I can get out of my lease for safety reasons b/c as of right now I'm not even living there, but my stuff is still there and I still have to pay the rent.

Answer 1

Well... What we do when we want something fixed is to hire someone to fix it ourselves, then bill the landlord and subtract it from our rent payment.  Tell them ahead of time that this is what you're going to do if they don't do something immediately (in 24 hr).

As an alternative you might be able to jsut move out of there and sublease it to someone who can take care of themselves against peeping-tom and burglars.

Answer 2

I would speak to a lawyer & see what advice they can offer you.  At the very least, if they send the management company a letter stating that they're representing you, the management company may just comply w/ your original requests to avoid any repercussions.  You should not have to fear living in your own home!

Answer 3

look in your lease. See if there is anything about what you are complaining about. You might be able to find a loop hole that will make the lease void because of the way they have been treating you.

Answer 4

This does not sound like it would be enough to void your lease, as far as a court is concerned (yeah, it should be enough but maybe a court wouldn't see it that way).  I mean the landlord will say it was ok, you will say it wasn't and its your word against theirs.  

Honestly I don't have a great answer for what to do in this case.  Clearly you don't feel safe living there but the court/ county may still allow it.  I'd first off call up the county office that handles this sort of thing (called "Landlord/ Tenant affairs" or something like that in the blue pages), explain it all to them and see if this is enough to get out of the lease.  If its not is there some way you could prove its not safe and thereby get out of the lease.  If not I might just go ahead and sublet the place if you can, or break the lease.  I really hate saying that and almost never reccommend that but in this case it may be your best option.  Of course breaking the lease may cause the landlord to sue you and they'll definitely keep your deposit and maybe hurt your credit but that still may be better than renting a place where you can't live there.

One other possible idea.  Maybe you could sue the landlord for your rent payment.  You pay the rent so they won't sue you and hurt your credit but then sue them and explain to the court that the situation was so bad you couldn't live there and you want your money back.  The judge may sympathize with you and give you your rent back or may tell you to take a hike, but it would sure send a message to the landlord (and they may fix the problem rather than go to court).

So, call the county office and see what they say, and take the best course of action from there.

Answer 5

Consult a lawyer.

I'm not a lawyer, so this isn't legal advice. However...

Your lease probably contains some language to the effect that the landlord will provide a safe and secure environment. Even if such language isn't in there, common law establishes that right.

The question, then, is whether your apartment is unsafe and, if it is, whether there's anything the the management can reasonably do about it. I'd disagree with some of the other postings here and suggest that if you've had multiple experiences and your door is not secure, then the property may not be at a reasonable level of safety. Further, it sounds as if you've correctly notified the management that, in your opinion, a problem exists and that management has not taken reasonable and prudent steps (such as increasing the lighting or fixing the door) to reduce the threat.

If that's the case, then you might well have grounds for breaking the lease. Again, I'm not a lawyer; I don't know all the facts; and I don't have a copy of your lease. Still, it sounds as if you might have a reasonable good case.

So: Consult with a lawyer.

Hope that helps.

Answer 6

No it is not grounds to break your lease.  If that was the case, everyone and the mothers would cry "peeping tom" to get out of their leases.  Even break ins/robbery is not a reason to break a lease.

Answer 7

read over your lease carefully. then consult an attorney. most offer free one hour consultations. or talk to your local housing authority. if you have documentation to prove you have had security issues and that the landlord has responded with no help, you should be able to legally break your lease, if done through the proper channels. you could file a motion with the courts and withhold rent until the issues are fixed. again, you should consult an attorney.

Answer 8

Hi I used to own apartments and unfortunately you can't get out of the lease for that.  I know the manager is being a punk, but for now try to fix the door yourself (for your safety) and keep all police reports and receipts.  You can take him to small claim court, and they'll have him reimburse you but they won't let you off your lease.  Since he has no control over peeping toms.  Sorry