Is there a way out ofa lease if you feel that your safety is in jeopardy?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a way out ofa lease if you feel that your safety is in jeopardy?

My mother’s apartment has been broken into twice. The apartment will not let her out of her lease.

Asked on January 25, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

IF the reason for the break-ins is that the landlord is refusing to provide what would be considered normal or reasonable security for a building like that in that area, that *might* provide grounds to terminate the lease, since it could be a violation of the implied warranty of habitabilty--the obligation of landlords to ensure that rental premises are fit for their intended purpose (e.g., for residence). So if the lock to your mother's apartment is defective or broken, and the landlord won't fix or replace it; or the lock is a particularly cheap  or weak one; or there is no lock on the outside door to the building; or the windows won't latch--if these or similar conditions caused by the landlord resulted in the break-ins, that might give your mother grounds to leave.

On the other hand, if the landlord has done nothing wrong--it's provided the same type of locks, security, etc. as other landlords do in that area, for example--then your mother could not terminate the lease, not without still being liable for the rent due under it. A contract may only be terminated generally if the other party has done something wrong; in the absence of wrongdoing or fault by the landlord, there would be no basis for termination.


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 lock Secured with SHA-256 Encryption