If there are 2 drug busts in your apartment complex and you don’t feel safe, is it legal to break your lease ?

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If there are 2 drug busts in your apartment complex and you don’t feel safe, is it legal to break your lease ?

Asked on April 9, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, this would not authorize you to terminate your lease without penalty. The landlord is not responsible for the unlawful or criminal acts of third parties not  under the landlord's control, and, at the risk of oversimplifying somewhat, unless the landlord itself did something wrong (e.g. didn't maintain the premises in a habitable  fashion; didn't provide you all the space or facilities you are paying for), you cannot terminate the lease. The actions of third-party criminals do not provide legal grounds to end your tenancy.

There is a very narrow exception if you could show that  the drug dealers and criminals are only getting in because the landlord is not providing the level or type of security which landlords of similar buildings in similar locations provide; in that case, and if the landlord has refused to correct the situation after notice of the problem, that might provide grounds to terminate the  lease. But if the landlord is providing the more-or-less standard security features (e.g. locking external doors), then you could not terminate your lease safely.


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