Breaking A Lease Due To Unsafe Living Conditions (apartment, credit report)

[sclift619]

Me and My husband moved into our apartment me in april from california and signed our lease and then come to find out that there our things that we were told that are not true, like it being "A DRUG FREE ENVIROMENT". In our lease we sign a paper saying that it is a drug free enviroment and that drug use will not be tolerated. Well to make a long story short we came to find out the hard way that our neighbors are pot smokers and that our down stairs neighbors drug dealers. i need advice on how i can break my lease with out any penalties.

[Grass4]

Talk to a lawyer.

[Zoidberg]

I'm not a lawyer (but I did stay at a *** inn last night) but I think a lawyer option would cost more than it would be worth.

Have you tried:
a) Complaining to the management? Maybe they're well-intentioned but just not informed.
b) Calling the cops? It's not like the drug dealers will report themselves..

If these fail, _document_ that you have sent multiple complaint letters to the management (like w/ return receipts or a signature of receipt) and then move out without paying the lease. Threaten to take them up with a relevant governmental authority if they stiff you on your deposit or leave you a nasty on your credit report.

Best of luck to you. Lots of people live with it in harmony, but you shouldn't have to.

[nmnita]

you may want to talk to a lawyer, but don't expect to get much satisfaction. You will have to prove beyond any doubt what you suspect is true. To do that you will have to get the tenents arrested. Otherwise you did rent without seeing the property it sounds like and I don't think you can do much.

Of course talk to the management, see what they say, but don't expect to be able to get out of the lease that easy.

Nita

[easyjett]

You have grounds to end the lease. Obviously if you have proof, not hearsay. Maybe a police report of the complex.

The legal term for breaking the lease will fall under "Constructive Eviction." Throw that around...they might think you've talked to an attorney and wheel & deal the lease with you.

[sclift619]

i have talked to management and they are the ones saying that i cant break my lease

[funkymonkey]

Try the landlord/tenant hotline
Bad Landlords - New Mexico Renters

[GregW]

Call the cops and get a lawyer. Use the cops to shut down the dealers. Use the lawyer to sue the management for breach of contract and collect any rent you have paid as well as lots of money for damages for psychic and emotional stress created by the fear of living over a criminal activity caused by the management’s lack of due diligence enforcing their drug free policy.

It is Hammer Time so grab the handle and go to work.

[mgt04]

On another note, you do not want to be a victim of any repercussions for reporting drug dealers in your building as you don't know if they're violent or whatever. Inform the police of this and your concerns so on record this would go down as an anonymous tip and not specifically a neighbor reporting them.

[nmnita]

Originally Posted by mgt04

On another note, you do not want to be a victim of any repercussions for reporting drug dealers in your building as you don't know if they're violent or whatever. Inform the police of this and your concerns so on record this would go down as an anonymous tip and not specifically a neighbor reporting them.

exactly, report it annonymously and make sure you have real reason to do this, not just a feeling.

Of course if they are dealing you should easily be able to break the lease, as for the pot smoking, that part I am not sure about. Well, none of us are sure of any of what we are saying. Only a lawyer in NM can really help you.

Nita