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3 days ago we had a shooting incident right at our doorstep. We live in a apartment complex in Pinellas County in Florida. Two drug dealers are fighting...one got shot in the head and the other one got shot in the throat and in the hip. I went outside after hearing the shots. I saw the victim and I saw the shooter. I immediately started to apply first aid to the victim. However it was a dramatic incident not only for me also for my wife and my little son. While I was doing the first aid on the victim my wife and my six-year-old son unfortunately entered the scene. Since then my six-year-old wakes up in the middle of the night screaming "black man blood"... he also started bed-wetting... he also is afraid of leaving the apartment... I'm afraid of psychological damage and emotional trauma. Since then wife is calling me at work because she doesn't know if she should leave the apartment via the front door or our porch. She wakes up in the middle of the night hearing noises and shots. I'm also afraid her suffering a emotional trauma and psychological damage. There is not one security camera in the entire apartment complex, the gates are not working everybody can enter the premises with a vehicle, the building code is known not only known by the tenant but also their friends, pizza delivery people and all type of visitors and so forth. We had homeless people entering the building sleeping in the gym. We have people from neighborhood using the pool area and so forth.However, I asked my landlord if we can move out due to the shooting incident and the psychological issues of my wife and foremost my son. But he wants me to pay a horrendous fee of about $4,000. Is there any way to move out and break the lease not paying the $4,000? Is there anyone out there who can help me, please! Thank you!
Make plans to move at the end of the lease. Notify the LL in writing now that you are moving at the end of the lease.
Are there any health violations at the complex? Call the health department. Is there any criminal activity ongoing at the complex? Call the police. Notify the LL in writing that the gates are broken and ask for them to be repaired immediately. Ask for the security codes to be changed for the residents' security. Call the police any time there is a homeless person on the property. Make a total nuisance of yourself, and maybe the LL will let you out early to get rid of you!
Were you promised security in The form of gates codes etc when you leased the apartment? The only thing I can say is to start speaking up, loudly. Demand the gate be fixed, codes changed, and all that stuff.
Crime happens all the time everywhere. I doubt this is legitimate grounds to break a lease without penalty, at least legally. Your only argument with management or the LL may be his event possibly occurred because of the security system (gates, codes etc) not functioning properly. I mean, that is hardly a ridiculous conclusion
3 days ago we had a shooting incident right at our doorstep.
We live in a apartment complex in Pinellas County in Florida.
And in the last six months... how many other shooting incidents have there been nearby?
How many other criminal assault like incidents have there been nearby?
Quote:
I asked my landlord if we can move out... he wants me to pay a horrendous fee of about $4,000.
Is there any way to move out and break the lease not paying the $4,000?
1) secure the new place. 2) move.
3) expect to kiss your deposit goodbye.
A few months later if/when the LL invites you to Court to "recover his loss" then you can explain
your reasoning to a Judge and the LL can explain what he's done (or not) in the mean time
to replace you as a tenant to "mitigate" those losses.
Last edited by MrRational; 07-28-2018 at 01:10 PM..
Unfortunately, you will not see that money again. I am sorry this happened, it sounds horrible and traumatic. Maybe with a good lawyer, but that would probably cost you more than the 4K.
Check your lease to see if there is an early termination clause in the lease. This allows the tenant to pay a fee to the landlord for getting out of the lease early. Many FL leases contain such wording but you need to check your lease to see if it does. Often it's 2 months of rent for early termination, but some of the FL lease clauses on this matter are confusion. See what yours says.
Is the complex fully rented? If yes, it's likely the landlord will be able to rerent the place easily after you move out. This is if you don't have an early termination clause and you decide to move out early without taking advantage of the early termination clause ( following what the other poster said about move out regardless what the landlord says, and waiting to see if the landlord sues you). Even if they sue you, it's for the months of rent that the place stayed vacant until the unit is rerented or until your lease end date.
If you move out early (without early termination per the lease clause), then the worst thing landlord can charge you is the normal monthly rent, on the normal due date, until the apartment is rerented. They can't charge you $4000 in one lump sum as soon as you move early. Instead, they would be searching for a new tenant and legally you only owe the monthly rent up until new tenant moves in or until your lease expiration date, whichever is sooner.
Here's an explanation from a different state. Check FL landlord tenant law for more info, as each state's laws differ a bit.
Given the situation, you might just get out of there pronto and take the chance that the landlord is able to quickly rerent and pay up later if you get demand letter from landlord, which is a precursor for a lawsuit. Per your county I am pretty sure they require the landlord to send you an official demand letter before they allow a small claims lawsuit to be filed. This way if you get a demand letter later you can square away any owned money, if any, before the landlord sues. Maybe the landlord doesn't sue anyway, typically. You can check county court records to see if the landlord has a history of suing tenants for early move out.
If you do move out, make sure to tell landlord after you have moved and give the keys back. This is called giving possession. This way landlord will work on finding another renter.
Last edited by sware2cod; 07-28-2018 at 05:05 PM..
What the frak was the wife thinking, bringing a 6 year old to the scene?
That was one of the things. I'd probably get banned for the other.
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