Is this ok to leave for landlord?

Question

I will be terminating my lease as of July 31, 2008. I am not happy living here due to the crime in the neighborhood, crime on my front porch, and the repairs that were never made to the property.

I have complained to your office previously to this because of the loud music that is played across the street from us and in the neighbor’s part of the duplex. We have also called the police several times to the neighborhood to report the loud music at all hours of the night that has prevented us from sleeping or even watching TV inside. We also have had property stolen out of the back yard, they are bums walking through the yard at all times of the day and night, there have been people come up and bang on the windows and doors at all times of the day and night, we do not answer the door because we do not know these people. We have also returned home to find about 6 or 7 people sitting on the front porch smoking and playing loud music. They were smoking illegal drugs. We do not feel that this is the type of place that we want to be living in and nothing is being done to change it. We call the cops at least 3 times a week about the loud music and nothing happens. This is not a safe neighborhood and we are not comfortable living here anymore with all the crime and disturbances from the neighbors and we will not live in this anymore.

On March 21, 2008, I dropped off a request for repairs to be made to the property. (You will find a copy of this letter attached). No contact was ever made with either of us to make these repairs or for you to look at the problems. It states in our lease under the heading repairs (number 20) that repairs will be made to the exterior with reasonable promptness after a written notice is received from the resident. The cracked front window is the exterior of the residence. The inside damage to the duplex was not made by us and we will not be held accountable for the damages listed in the letter attached. So therefore you have broken the lease by not making needed repairs.

Nowhere in the lease does it say that I am required to give a 30-day notice if I intend to leave. I have paid rent until July 31, 2008 and that will be my last day of residence at this location. I understand that we are forfeiting the deposit.

I do not want to cause trouble or inconvenience by leaving the property before my original lease is up but this property is not a safe or livable for us.

Answer 1

Life before death--You always have the right to move if you feel that your life is in danger.  Have to talk to the other tenants about how they feel living there?  

Have you put something in writing to the manager explaining how you feel about the current neighborhood?

Have you requested more lights out front of the building, police surveillance around the street, better locks on your doors, brighter lights at the parking area?

Does this neighborhood have Neighborhood Watch?  Have you requested for the manager to set up a meeting there for all tenants with the police department?

You need to contact the fair housing department in your city to address your issues.

Answer 2

Paragraph 2 is too long and choppy - sounds like you called the police about the noise but not the drugs or tresspasers or theft?

I wouldn't mention loosing the deposit.  Take out the nowhere etc.

The last sentence is not needed.

Answer 3

I understand why you want and need to break your lease, but the reasons listed do not necessarily warrant lease break.  Crime and activies caused by neighbors are insufficient reasons to break a lease -- unless the neighbors also tenants of your landlord and the landlord could have taken action to prevent the activities.  Landlords are not gods and cannot be held responsible for others' activities.  You were responsible to research the neighborhood before moving-in.

Do you have proof that your maintenence request was received by the owner (i.e. sent Certified Mail)?  The landlord can simply deny that they received your request.  Also, the needed repairs usually have to be significant enough to make the unit uninhabitable in order to justify moving-out.  Otherwise, you probably need to take the landlord to small claims to arrange repairs yourself and deduct from rent payments.

If the lease doesn't state what move-out notice is required, then your state's law probably specifies what minimum notice is required.  You can't just assume the minimum notice is whatever you feel like.  

Does the lease specifically state what the early termination fee is?  You can't assume it means a forfeiture of your deposit.  If no early termination fee is listed, then you're responsible for the remainder of the lease or until the unit is re-rent.  

Google your state's landlord tenant laws and do a little research before sending this letter.  Otherwise your assumptions may cause trouble or inconvenience.

Answer 4

This may be sufficient, depending on where you live.  In some areas, the crime/noise problems you listed could be sufficient to claim uninhabitability.  

What state do you live in?  What repairs (besides the cracked window) did you ask for?  Is this a term lease (like a 12-month lease or whatever) or a month-to-month?  What notice is required in the lease to terminate your residency?  We would need to know these things to be able to answer your question.

Also, I wouldn't automatically forfeit my deposit if I were you.  If you have legal grounds to terminate your lease, they should have to deal with the deposit in the usual way.