Shooting at apt complex, can you break apt. lease early with no penalty? (Howe: apartment complex)

[Mirror45]

I have a friend who lives in an apartment complex and there have been multiple shootings in the parking lot.
Long story short, can she legally break her lease early and move out without any penalty (withholding security dep., etc..)
She has a year lease and is 6 months into it, but since the 2-3 separate shootings, she wants out.

Any thoughts?

[aexchange]

Has she tried talking to the manager at the complex? They might be willing to allow her to transfer to a sister property without penalty.

[babs7907]

Generally, and this is my understanding, a tenant can break a lease without a penalty if their landlord, or in this case, the company that owns the apartment complex are negligent in addressing issues occurring in the complex, and that includes addressing crime.

However, if the crimes occurring are due to unforeseen circumstances or random one-off occurrences, the tenant may be liable for their obligations to the apartment complex.

You might be able to negotiate your lease termination with the complex without any penalties, worth discussing with them.

[lepoisson]

Talk to the landlord. Have your friend tell them that she lives alone and just doesn't feel safe at all. Maybe if she puts in a 30/60 day notice right away they will release her from the lease.

I can break my current lease by paying a fee of 85% of one month's rent. Your friend's lease might have something similar written into the lease.

[TeamLynn]

I think it would be tough.
However might as well ask.
Ask if you can transfer to a different building.
I'd ask a lot of questions to put them on notice.
Such as how do we ensure our safety here?
What are you implementing to ensure our safety?
What changes have you made?
Can you do this or do that....gates, lights, patrols, neighborhood watch, criminal background checks, interior reviews, etc.

Also might want to check rent at the new place first.

[turf3]

If one's personal safety is in question, I would probably be saying something like

"I am moving out. Here are the keys. If you think you can get the remainder of the lease's rent from me, good luck."

Of course this depends on whether you have assets that can be attached. When I was young and moved out of disgusting apartments and broke leases, I didn't have two nickels to rub together, so there was no value in them trying to come after me.

Obviously the security deposit would be forfeited in this case.

[Backliteyes]

Originally Posted by turf3

If one's personal safety is in question, I would probably be saying something like

"I am moving out. Here are the keys. If you think you can get the remainder of the lease's rent from me, good luck."

Of course this depends on whether you have assets that can be attached. When I was young and moved out of disgusting apartments and broke leases, I didn't have two nickels to rub together, so there was no value in them trying to come after me.

Obviously the security deposit would be forfeited in this case.

I wouldn't advise this if you want to maintain good credit. If they report to the credit bureaus and you get a history of lease breaking or defaulting on debt it could make renting decent places difficult in the future.

I know as a landlord I don't inquire about WHY someone broke a lease before I decide not to rent to them...I just rent to someone that doesn't have a history of breaking leases.

[FJB327]

Originally Posted by babs7907

Generally, and this is my understanding, a tenant can break a lease without a penalty if their landlord, or in this case, the company that owns the apartment complex are negligent in addressing issues occurring in the complex, and that includes addressing crime.

However, if the crimes occurring are due to unforeseen circumstances or random one-off occurrences, the tenant may be liable for their obligations to the apartment complex.

You might be able to negotiate your lease termination with the complex without any penalties, worth discussing with them.

This. Why would you think that allows you to leave. If a man shoots his wife im an expensive condo in Uptown, does it give every tenant the right to break their lease since a shooting occurred. No.. Put yourself in the property owners shoes. Thats not fair.