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I want to break the lease because I feel that my apartment is not safe anymore and the management is not taking any concrete measures (they just says that they will increase the patrol but will charge the residents for it )
I recent months there are incidents of theft gun point robberies and physical assaults. So, I am feeling more unsafe and insecure than ever before and literally imprisoned in my own apartment.
Where are you? Wouldn't hurt, depending on your area's laws, to arm yourself to protect yourself, rather than rely on "security." I doubt they'll let you break the lease for this reason, but how it's worded is important...
btw, I am in Durham, NC. I am alien with legal work permit (temporary), hence I wonder if I will be able to buy arm.
Okay that complicates matters. Under federal law, maybe (and maybe not):
"(B13) May aliens legally in the United States buy firearms?[Back]
An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.
See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]"
"2) EXCEPTIONS.:Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
[SIZE=-1](A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;[/SIZE]
[SIZE=-1](B) an official representative of a foreign government who is:[/SIZE]
[SIZE=-1](i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or[/SIZE]
[SIZE=-1](ii) en route to or from another country to which that alien is accredited;[/SIZE]
[SIZE=-1](C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State;or[/SIZE]
[SIZE=-1](D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business."[/SIZE]
Non-immigrant aliens are treated differently than immigrant aliens. You'd need a hunting license first at the minimum (requirements for those vary by state). Handguns due to NC law would likely be a no-no, mainly because a special permit is needed for one, and a sheriff could deny it. Not the case with normal shotguns/rifles though.
Good luck, maybe you can find a way out of the lease. Look for anything that'll let you get out of it if you want out of it.
Unless you know how to use a gun safely DONT buy 1...IF you have Kids Dont buy 1. I would plan on moving ...how long til your lease is up? In the mean time arm your self with mace or pepper spay $10 at your local KMart!!!
Unless you know how to use a gun safely DONT buy 1...IF you have Kids Dont buy 1. I would plan on moving ...how long til your lease is up? In the mean time arm your self with mace or pepper spay $10 at your local KMart!!!
Single shot shotguns are pretty simple to use. Open up, stick in shell, snap shut, and **** and fire. I'd never suggest anyone buy something like a semi-auto or other more complex gun for their first gun. I grew up with guns all over the place, as did many people I know. No problems. Shot my first gun when I was 4 or 5. But my parents were quite strict when it came to rules about them too. I'd be careful with pepper spray, if the wind is blowing much it's useless (and may just hurt you), and it simply doesn't affect some people anyways (spray someone with it who's been trained to still put up a fight after being sprayed, or someone doped up on drugs, and you're in trouble). Spray someone with a gun with pepper spray and they may just pull the trigger out of anger/pain, despite the lack of any kind of aiming ability.
To the OP, does the lease make any mention of security?
I want to break the lease because I feel...
I am feeling more unsafe and insecure than ever before and literally imprisoned in my own apartment.
Can I break the lease without paying any penalty?
Probably not. You must follow a legal process to beak the lease and provide evidence of the landlord's breach of the terms and conditions of the lease or of local property code/law.
Unfortunately, your feelings and fears are not allowable evidence. You must instead prove that the landlord is not doing something they are suppose to be doing. Your concern that something might happen in the future doesn't count as evidence.
Your other option is to simply terminate the lease early and follow the agreement in the lease with regard to early termination, which probably means you pay a reletting fee and continue paying utilities and rent until a replacement tenant is found.
Finally, if there is something reasonable that the landlord could do for you, such as add an outdoor security light, there is nothing wrong with asking for that in writing.
So, as a Landlord answering your specific question, the answer is your out of luck.
As a fellow human, I'm sorry you don't feel safe and comfortable in your home.
Over the past few months, almost all the incidents are targeting aliens. All incidents has been reported to local police. We had 2 incidents in last week alone. In the first incident, my friends wife was held at gun point with 2 of his kids in front of their house in the parking lot, when my friend who followed his wife in distance threw the wallet, the robbers escaped. In the second incident, my friend was assaulted. The robbers took his wallet and car key. The police came then, filed a compliant and my friend was admitted to hospital. After 2 hours, the robbers came and took the friends car. All these shows that someone is watching very closely, picking up the soft target.
Both these incidents happened around 7:40 PM (sun sets around 7:45 PM these days, so it was not dark) in front of their house, in their parking lot.
Isn't it not enough to feel strongly that something will happen in near future?
When consulted with the management, they say Law and Order is the issue of the local police (which was stated in the lease agreement) and leasing office has no role in it. They say whenever you feel suspicious call 911. They said NO for our request for motion cameras, additional security personal or fencing.
btw, I am a non-immigrant alien. I will be here for one more year. The crime in my home country is much more worse than here, however I will never ever will get robbed in front of my house at dusk. Never ever. We always feel safe in our own neighborhood. I just want that.
The police have no duty to protect you, the Supreme Court has ruled that in fact. I suspect you'll be stuck there now. Be careful...
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