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Breaking a lease because of a crime
Q: I live on the ground level, and my apartment was broken into. I was lying in bed, and I turned over to see a huge guy coming through my window. I called 911, but now I don’t feel safe here. I plan to see if the manager can move my roommate and me to a second or third floor. If that’s not possible, can we get out of our lease?
Tara
Toledo, OH
Q: I have a lease until September. My car has been vandalized twice within two weeks, which I have reported to the landlord. I want to get out of my lease before something happens to me. She keeps saying that they probably just want the car, but I am concerned about my safety. If I move out early I will lose my security deposit. I don't think I should but the lease doesn’t say anything about a tenant’s safety and well-being.
Jerry
Las Vegas, NV
A: What? There’s crime in cities like Toledo and Las Vegas? and Denver? and Dallas? Trust me, I could have chosen to answer any one of a dozen similar questions. It seems like you can’t escape it anywhere these days. Car stereo thieves have victimized me two or three times, including once in my apartment parking space. Being a crime victim can be frightening and traumatizing, especially when it’s a personal crime rather than just a property crime.
Although I’m sure most property owners would love to guarantee the safety of their complexes, it’s impossible. Even an apartment complex originally located in a very safe suburban neighborhood may become more prone to crime as the neighborhood changes.
Nevertheless, ordinary criminal activity is not usually a justification for breaking a lease. So, what can you do?
Investigate the neighborhood beforehand. Walk the complex and look around. Visit the complex during the late evening hours. Is it quiet or are there rowdies hanging about outside? Ask a few of the female or older residents about the safety of the complex. If you’re a woman living alone, or with only a female roommate, anything above the ground floor is safer. If you live on the ground floor, keep your doors and windows locked at night.
Especially in the bigger cities, it’s impossible to escape criminal activity, even if you own a home. You just have to take whatever precautions you can without locking yourself indoors permanently. And, to you from Las Vegas, they probably just want the car.
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Lying on your rental application
Q:
Hello! We have only been in this apartment one month. When we signed the lease we only put down two kids as occupants (we have four). We did it because the property manager said the apartment was only for four people. So, now the manager gave me a notice that we have to move. I asked the manager if it would be possible to pay more for the extra two kids, but she said no. But, there are other apartments where they have more than four people. When I asked her about that, she told me she doesn't care about them, just about us. Is there something we can do about this? Thank you.
Patricia Espino
Anaheim, CA
A: Hello!!! I don’t even know where to start with this one! Did you think you would just be able to hide your other two kids in a closet for the length of the lease? You broke your lease agreement the day you moved in with six people instead of four. Oh, I almost forgot, you also put false information on the lease application. And now you’re looking for a way out?
There is something you can do about this problem. Look for a new place immediately before the end of your notice period!
First, there are occupancy limits that the property manager should enforce. The occupancy limits are not just made up, but are imposed by governmental authorities. So, I don’t know how many bedrooms your apartment had, but you may have exceeded the legal occupancy limits.
Second, you broke your lease agreement. The manager agreed to rent the unit to four people. You agreed to have only the occupants listed on the lease reside there. Simply as a matter of principle, the manager could evict you for violating your lease terms.
Six people rather than four in a small apartment also causes much more wear and tear. The extra two kids may also affect your neighbors as well. Four kids make more noise than two. Four kids may play outside more than in your small apartment.
I wouldn’t be surprised if your manager got more than one complaint from your neighbors. They were very surprised, I’m sure, to have a family of six move in next door.
Find a new place to live quickly, and be honest about how many occupants you’ll have. No one likes to be lied to.
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
The RENTNETR and Homestore.comTM family make no representation as to the accuracy or completeness of the statements made herein. Please see our Terms of Use for more information.
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