If my neighbor assaulted me and now I have a protective order in place, can I get out of my lease without penalty if I feel my that safety is still endangered?

UPDATED: Jun 24, 2015

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If my neighbor assaulted me and now I have a protective order in place, can I get out of my lease without penalty if I feel my that safety is still endangered?

I have filed assault and battery charges, as well. I had spoken to the office in august about him watching my girlfriend and creeping her out and they told me he’s nice and wouldn’t hurt a fly and he now attacked me for no reason. I feel like I can’t even leave my apartment. She said they cannot because they can’t guarantee my safety and this isn’t there fault but I believe it is since they didn’t do anything to begin with.

Asked on June 24, 2015 under Real Estate Law, Virginia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to deliver a certified copy of the protective order and the charging instrument to the office manager and the actual company that owns your apartment complex. Delivery to the apartment manager should be enough, but considering that your manager obviously thinks he's a saint, you need to make sure that this information gets a bit further up the ladder.  Once they have specific notice of his violent tendancies, they will have a harder time claiming an immunity should he hurt you or your girlfiend. 

You also need to take your lease to any attorney or clinic to let an attorney review your actual contract.  Some will have provisions for terminating a lease after the issuance of a protective order.  Some will not, but you may still qualify to terminate your lease  under state law dependng on the type of protective order you received.

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