Posted: 2/25/2008 9:03:04 AM EDT
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I have a one year lease on an appt. Can i legally break lease due to vehicle break ins. 4th break in in 6 months and landlord wont put any lights up at night. SS |
Yes, and no. That, in and of itself, is not legal justification for breaking the lease. However, if you very carefully build a documentation trail showing you informing your landlord, over and over, in writing, that lack of lighting is contributing to a security issue, then you will get to a point where a court would accept that. Where that point is depends on the state, the county, the area, the judge, etc. Talk to a landlord/tenant attorney if you want to be sure. Or, you could try to bluff it out... tell the landlord you're moving out, why you're doing it, and if he comes after you for the lease you'll cheerfully see him in court over the security issue and his having ignored it. If he knows his stuff, he might call your bluff. But if he's a cheapskate, knows the area is dicey, and figures he can re-rent the place pretty quickly, he'll probably let it go. |
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I don't know very much about landlord tenant law, but I would actually think that you could not legally break your lease for that reason. I believe the generally accepted principal is that the landlord is not responsible for ensuring the protection of your property so you cannot break the lease for car break ins or other crime increases, especially when it is 4 breaks ins over 6 months (although it is still a higher than average rate). I don't know how much of an issue the lights are. If the lights are required just to protect the cars (and people), I don't think that is sufficient because the landlord is not responsible for protecting your property. If lights are required by some sort of building code or county ordinance then I would think that you might have a case. Like I said, I don't think that you can break the lease on those grounds based upon the information given. |