QUESTION
Can I break a lease if landlord is verbally and physically abusive (throwing things in rage)?
Asked on Sep 01st, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
My landlord and I drew up an agreement. I live in a basement apartment in a house. He has increasingly become abusive verbally/physically. I reported the abuse of his children to the DHS. I gave him 30 days written notice and rent for next month. He is threatening to get a lawyer and take me to small claims court for breaking the lease. I live in fear of him. My parents came and moved me out today as I am fearful of him. This is documented by my employer, doctor and therapist. My therapist has told me I need to move for my own emotional and physical well-being. I have even thought of stopping payment on the rent check but do not want to make matters worse even though I am almost moved out of the apartment.
2 ANSWERS
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The landlords conduct is a breach of the tenants right to peaceful possession, and justifies breaching the lease.
Answered on Sep 10th, 2013 at 1:33 PM
Moving out was the right decision. Under any lease, you would have the rights of quiet enjoyment of the premises. Since the landlord deprived you of that right, you were justified in leaving and can use that as a defense if he sues you. Additionally, you have a personal injury claim against him for assault, battery, infliction of emotional distress, etc. You can bring the claim separately, or use is as a counterclaim if he sues you.
Answered on Sep 10th, 2013 at 1:33 PM