Can I get out of my apartment lease legally due to security issues without having to pay the remainder of the lease?

UPDATED: Aug 6, 2011

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Can I get out of my apartment lease legally due to security issues without having to pay the remainder of the lease?

We have had a bicycle stolen and my husband’s vehicle has been broken into twice. We have notified the office and filed 2 police reports.

Asked on August 6, 2011 Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends. If you failed to you to do your homework before you sign a lease, in other words if the general area is unsafe, that is not management's fault.  However, if in the complex itself management has failed to provide security and it was promised to you when you signed the lease, then you could have grounds for an early lease termination (check your lease). For example, were you promised a security gaurd on the premises and management has failed to provide one?  Another valid reason would be if they knew or should have known that criminal activity to be conducted on the premises (i.e. drug dealing).

If you move without a legitimate reason as outlined above, then you can be held liable for your remaining lease payments. Additionally, your credit could be negatively affected.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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