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Old 07-15-2012, 06:32 PM
 
1 posts, read 1,436 times
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Default Assaulted -- can I break lease and move out of apartment?

I was assaulted by a stranger who forced his way into my apartment and said he was going to kill me while choking me etc. Thre was a police report made and I went to the emergency room via ambulance. Can I move out now before my lease is up?
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Old 07-15-2012, 07:53 PM
 
Location: Bergen County, NJ
1,612 posts, read 2,102,396 times
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Sounds pretty serious, I'd probably contact a lawyer for reputable legal advice in lieu of seeking advice on a public forums bulletin board.
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Old 07-15-2012, 08:08 PM
 
Location: The Triad (nc)
16,621 posts, read 20,360,822 times
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Quote:
Originally Posted by DanielleZoro View Post
I was assaulted ... There was a police report ... went to the emergency room
Can I move out now before my lease is up?
Yeah, you can move out. Even without all this you can move out anytime you like.

If your question is about giving short notice to leave or to get out of the lease and rent
due until the LL gets someone else to move in... that'll be tougher. Even without all this.
What has the LL said?
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Old 07-15-2012, 08:19 PM
 
Location: Bay Area
1,477 posts, read 1,059,728 times
Reputation: 624
maybe get a subletter?
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Old 07-15-2012, 11:18 PM
 
Location: Southern California
1,529 posts, read 897,284 times
Reputation: 2619
I'd assume you can only use this as reason to break your lease if you can prove the assault was a result of something the property owner or manager did or allowed to happen.
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Old 07-16-2012, 03:12 AM
 
4,489 posts, read 5,278,783 times
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The only thing I can say is talk to your landlord. They might allow you leave penalty free, but read your lease and see what it says about breaking the lease and be prepared to follow what it says.

Good luck
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Old 07-16-2012, 05:17 AM
 
15,319 posts, read 19,618,181 times
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Quote:
Originally Posted by DanielleZoro View Post
I was assaulted by a stranger who forced his way into my apartment and said he was going to kill me while choking me etc. Thre was a police report made and I went to the emergency room via ambulance. Can I move out now before my lease is up?
Of course you can move out but what you really mean is breaking the lease without paying for it...

Probably not!!! The landlord didn't assault you and if this is not something the LL could know would happen than he/she is not be held accountable for something a 3rd person did to you.

I understand you don't want to stay there but not a reason for a free pass out, unless you have proof the LL was involved in the assault.

Maybe the attacker was someone you personally know or maybe not...but if you know the person or the person followed you for some reason ...how can the LL be punished for that?
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Old 07-17-2012, 10:04 AM
 
Location: San Bernardino County (previously L.A.)
2,796 posts, read 3,130,681 times
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I'm so sorry this happened to you! In this situation, I wouldn't care if I had to lose a few hundred bucks to move out of the lease early, I'd just want to get the hell out of there fast!
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Old 07-18-2012, 03:53 AM
Status: "Friendly Neighborhood Jew" (set 3 days ago)
 
Location: Richardson, TX
15,220 posts, read 12,763,143 times
Reputation: 12045
Quote:
Originally Posted by DanielleZoro View Post
I was assaulted by a stranger who forced his way into my apartment and said he was going to kill me while choking me etc. Thre was a police report made and I went to the emergency room via ambulance. Can I move out now before my lease is up?
In Texas, no, you wouldn't be able to break the terms of a boilerplate lease on that basis.
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Old 07-18-2012, 06:10 AM
 
932 posts, read 810,885 times
Reputation: 905
It is horrible that this happened to you but you are blaming everyone except the person who assaulted you. Move out, pay the penalty and get professional counseling for your own health.
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