What are our rights if we are living at an apartment complex and have been robbed twice in less than 3 weeks?

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What are our rights if we are living at an apartment complex and have been robbed twice in less than 3 weeks?

We no longer feel safe. As we are afraid that these people will do this again and our kids might be at the home and are afraid of what might happen. The first time we got robbed we called the cops and also reported to the apartment complex. It took them over a week to come fix the door that they broke in. The second time they broke in the door as well. We told the management team that we no longer felt safe and wanted to move. They stated that was fine but that they will report it to my credit for breaking the lease. Is that legal? Do we not have the right to leave a place where we are obviously no longer safe? And without them messing up my credit.

Asked on August 27, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can only legally or safely break your lease if your landlord is at fault in the break ins. Typically, that means that the landlord did not provide the reasonable or typical level of security provided by other, similarly situated landlords, such as no locking external door and/or not fixing broken locks, broken or inactive locks on your apartment doors, etc. If the landlord is providing more-or-less the same security as similar buildings do, then the landlord is not at fault if the landlord is not at fault, you are not legally justified in breaking your lease, since the landlord is not responsible for the criminal acts of people not under it's control. If this is the case, then if you break your lease, then can report it to the credit-reporting agencies and also sue you for the money you owe for the remainder of the lease.


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