How do I get out of the lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I get out of the lease?

My fiance and I moved in with a married couple. We signed a one year lease. I had to call the cops on them while my fiance was out of town due to the fact that the husband broke into my room and vandalized all of my belongings, and used physical force. The police said that they didn’t have enough evidence to press charges. But they told me that I was not to go into the apartment alone.

Asked on August 29, 2012 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

While you should speak with an attorney about this situation--including about suing the couple for the damage to your goods and for assault on you--you should be able to terminate the lease without penalty. When a landlord leases property to you, he/she/they promise to give you possession of the rental space; if they willfully break into that space, they are violating your right to possession (which includes the right to control who enters it) and therefore breaching the lease. Also, they are violating the implied warranty of habitabilty, by exposing you to assault, which creates an unsafe condition.

Therefore, you should have lawful grounds to terminate the lease; but since you also likely have legal claims against this couple, it would be a good idea to speak about the situation in detail with an attorney before doing anything.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption