If I fear for my safety and want out of my lease, must I give notice?
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If I fear for my safety and want out of my lease, must I give notice?
My apartment got broken into and I fear for my safety as they broke through the deadbolt. They never really fixed the door which apparently can’t keep criminals out anyway. I want out of the lease but they say I have to give a 60 days notice. Can they do that?
Asked on June 21, 2011 under Real Estate Law, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Landlords in most states have some degree of legal responsibility to protect their tenants from would-be assailants and thieves and from the criminal acts of fellow tenants. Landlords must also protect the neighborhood from their tenant's illegal activities, such as drug dealing. These legal duties and responsibilities can be found in various places like local building codes, ordinances, statutes, and the best place: court decisions. If a landlord that crime has occurred in the past in the area and in their building and have done nothing to keep tenants safe then they can be held liable for criminal acts. Here you may or may not have enough to break your lease BUT you should not just leave. Go to court and file a proceeding against the landlord citing safety and prior knowledge of criminal activity and asking the court to void the lease. Otherwise you could be responsible for the remaining rental payments. Good luck.
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