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Is it legitimate to break a lease because of a dangerous neighbors?

MoosejawSanders

Bluelighter
Joined
Nov 21, 2011
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In the USA-- What is the law like on breaking leases in situations where it could be argued that one's personal safety could be at risk? I live in a high gang activity part of the city and there have been a few minor incidents with the neighbors that have me feeling that I live on a particularly hostile street. I'm only half-way through a year long lease and am just wondering what my legal position is if I am to break the lease. I do have roommates but think they have mutual feelings about the situation. Any help is appreciated.
 
Is there a break clause? Here in the UK you can submit your reasons for wanting to end an agreement within (or after.. i forget) 6 months in most housing agreements..

Check your contract.
 
Not wanting to sound harsh here but you knew the area before moving in and you willingly signed a contract for the year. As nothing has happened to you personally and you therefore have no proof (police report etc) that the area is dangerous then I would say your stuck. Your best bet is to be completely honest to your landlord and see what they offer.
 
It's INCREDIBLY unlikely there's anything in your lease that would allow that (if there is, the owner/manager/whoever handles new tenants isn't doing their job)
How is your relationship with whoever it is that has the say on this? (is it a property management co., or is it the owner of the property / someone who works directly for him?)

I'm unsure whether a legal argument can be made to protect yourself if you just left and refused to pay, but I highly doubt it. This is a scenario where your options are very likely limited to:
- just leave and deal with fine(s) and/or credit damage,
- stay and deal with it (perhaps try and 'fix' things a bit - not necessarily as hard as you may think), and, your best hope at a happy resolution,
- work it out with the manager/shot caller involved (they are almost certainly holding all the cards, legally - they will need to want to help you because it's very unlikely they have to. They'll want to if they're sympathetic to you, or if they just want you gone as a tenant - and that can be achieved w/o breaking the law <unethically, some would argue, but legal nonetheless AND probably ethical to you considering how you feel right now. whether you should've figured this out b4 signing a lease and what that implies wrt responsibility is clearly not so cut and dry ethically ;P )

PM me if you'd like - I have experience setting up (and eliminating) tenants in gang neighborhoods, and have worked with plenty of these scenarios.

Not wanting to sound harsh here but you knew the area before moving in and you willingly signed a contract for the year. As nothing has happened to you personally and you therefore have no proof (police report etc) that the area is dangerous then I would say your stuck. Your best bet is to be completely honest to your landlord and see what they offer.
even if something happened and reports were filed, that's not some ticket to break the lease. The only possible way that'd go down would be: incident happens, they leave, landlord files against them, then it tons of court back/forth. Nobody (including/especially the landlord/owner) wants that. In bad neighborhoods these scenarios are quite common, and the owner - if he's not a moron - has ways of dealing with this (NOT because he's a good guy, necessarily, but simply because he doesn't want to have people stop paying and have to take them to court, nor does he want pissed off tenants living in his property and fucking the place up because they hate him. Hell there are plenty of scenarios where it's best to PAY people to move out!! Trust me the owner cares about his business <and, perhaps, about you>, and that's the way this is best resolved)
 
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even if something happened and reports were filed, that's not some ticket to break the lease. The only possible way that'd go down would be: incident happens, they leave, landlord files against them, then it tons of court back/forth. Nobody (including/especially the landlord/owner) wants that. In bad neighborhoods these scenarios are quite common, and the owner - if he's not a moron - has ways of dealing with this (NOT because he's a good guy, necessarily, but simply because he doesn't want to have people stop paying and have to take them to court, nor does he want pissed off tenants living in his property and fucking the place up because they hate him. Hell there are plenty of scenarios where it's best to PAY people to move out!! Trust me the owner cares about his business <and, perhaps, about you>, and that's the way this is best resolved)


So you agree with me then - be honest to your landlord and see what they offer or are you suggesting something else? I certainly was not suggesting that because you had 'proof' of a problem that would give you a legal reason to break your contract. I was suggesting that if you had physical evidence that you were in danger then on a human level the landlord may be more open to discussion.
 
You said "As nothing has happened to you personally and you therefore have no proof (police report etc) that the area is dangerous then I would say your stuck"

I said that, *regardless* of whether something happened or not, it doesn't somehow alter the contract.
 
You said "As nothing has happened to you personally and you therefore have no proof (police report etc) that the area is dangerous then I would say your stuck"

I said that, *regardless* of whether something happened or not, it doesn't somehow alter the contract.

So that is a yes then? The tenant in this situation is depending on the landlords decision. I personally would like to think that having proof of a problem (say a police report) would make the landlord more understanding of the situation.
 
I never disagreed with you in the 1st place - i just corrected the misleading part of your post that made it seem as if a police report made *any* difference. Trust me, the landlord knows the scenario in the neighborhood.
Am unsure how to clarify any further.
 
In the USA-- What is the law like on breaking leases in situations where it could be argued that one's personal safety could be at risk? I live in a high gang activity part of the city and there have been a few minor incidents with the neighbors that have me feeling that I live on a particularly hostile street. I'm only half-way through a year long lease and am just wondering what my legal position is if I am to break the lease. I do have roommates but think they have mutual feelings about the situation. Any help is appreciated.
it totally depends on your lease.

in the event you decide to break your lease, what happens next depends on where you live.

alasdair
 
I wouldn't be too concerned about any breaking clause in your lease. If you break the lease then your landlord has the right to take you to small claims court and get the value of the contract out of you regardless if the clause is there or not. Slumlords are like that.

What you need is a police report and evidence that your neighbours have somehow been a direct threat to you which you will present to your landlord at the time of severing the lease. If they decide to take you to court anyway, then you will need this evidence to prove you were in danger and had to leave.

I used to live in a shared house and our neighbours would blast really bad rave music all night, often on weekdays. We called the police on them many times but ultimately it came down to their landlord kicking them out, which he never did. I took my complaint to my landlord who was basically a scumbag and didn't give a shit about any of it, he just wanted his rent money. So finally I invited a group of friends over to stay the night as witnesses to how crazy it was, and I got copies of all the police reports for noise complaints. My landlord threatened to take me to court and I sent him all the evidence - including letters signed by my friends and the police reports - and I said if you sue me, I will counter-sue you for neglience. It worked.

If you just leave without any evidence other than your word, you're fucked.
 
Are you able to get someone to sublet from you? That is often allowed in leases, to have someone sublet from you. If you're paying $500/mo, you may have to have a deal so the subletter (is that even a word?) only pays $475/mo for the amount of time he/she is subletting from you. But then there are not any legal issues. Just a suggestion, if you can find someone who wants to live there.
 
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