QUESTION

Can I break the apartment lease early if I no longer feel safe there?

Asked on Aug 17th, 2012 on Landlord and Tenant Law - New York
More details to this question:
I no longer feel safe in my apartment complex after being approached by a mentally unstable neighbor on a daily basis; the neighbor was recently arrested for hit and run/high jacking a car/assault, which was all over the news and just yesterday, he appeared back in the complex. In addition, the "controlled gates" that the complex advertised have not been working for the past two weeks and have been broken 50% of the time I've lived here. I only have 60 days left in my lease and have attempted to resolve these issues with the complex and questioned about terminating my lease one month early. However, the manager has informed me that I am required to pay the remainder of my lease. Is there anything I can do? I honestly am scared to even stay at my apartment and have been staying at a friend.
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5 ANSWERS

Leonard A. Kaanta
No.
Answered on May 24th, 2013 at 2:29 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Yes.
Answered on May 24th, 2013 at 2:20 AM

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Landlord and Tenant Law Attorney serving Avondale, AZ
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No, not on the facts you presented. If all a tenant had to do to terminate a lease early was claim that "they no longer felt safe," then all leases would be subject to early termination and a fixed term lease would serve no useful purpose. If the apartment complex promised (i.e., in brochures or advertisements) 24-hour security, then complain in wiring to the landlord and that may form the basis for terminating tenancy early, but few apartments make those types of promises in writing. That does not mean, however, that you have no recourse. Hopefully, you have created a "paper trail," which means that you have sent written notices to the landlord/manager each time you encountered a problem. If the "traffic control gates" only functioned fifty percent (50%) of the time you have been there, then you may be able to file a small claims lawsuit against the landlord to recover a portion of the rent you paid because you did not receive what was promised to you (i.e., functioning control gates). This type of small claims action is best filed AFTER you have moved. Returning to your personal safety, you may need to spend some money for your own personal safety, which may mean moving in with a friend for a short time or renting another apartment (somewhere else, of course) and paying rent on two apartments for one or two months. I know that may be difficult and "isn't fair," but your personal safety has to come first.
Answered on Aug 22nd, 2012 at 9:53 AM

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Criminal Law Attorney serving Bloomfield Hills, MI at Ryan Berman Esq.
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Consult with an attorney. I'm sure he/she will be able to get the apartment complex to agree to let you out of the lease. It sounds like you have valid grounds to do so.
Answered on Aug 22nd, 2012 at 9:51 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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If you are that scared than leave now, don't pay the rent, let him come after you in court for the balance, and use the implied warranty of habitability as a defense.
Answered on Aug 20th, 2012 at 4:17 PM

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