Should we have to paya leasecancellation fee if we are being forced out of our condo due to a violent neighbor?
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Should we have to paya leasecancellation fee if we are being forced out of our condo due to a violent neighbor?
We have a problem neighbor. She threatens us physical harm and the police have done nothing to hold her back from this. Our landlord has done nothing. We technically have to pay to break our contract to be able to leave our condo, which we intend to refuse to pay. I don’t feel safe, cannot even leave the condo for fear of running in to her. We feel as though we should ask for the condo managers to cover us in some way for movers as well as not forcing us to pay a breaking fee. They have done nothing to help the situation.
Asked on June 11, 2011 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While I can certainly understand what you are going through with this matter my concern for you is that it appears that YOU will be breaking the lease - which is a contrat the terms of which are agreed to - unless you go to court and ask that the Judge void the agreement and let you out. You have a right to be safe an to enjoy your apartment.NOT to feel like a prisoner. Do you have copies of any complaints made to the police? Keep documented accounts of your calls to them to report her. Go down and ask to file a complain - insist on it. And give your landlord written notice of the incidents and keep requesting that he or she does something about it. Condo managers too. They are agents of the landlord. Then go and speak with someone about what the law will allow win your area. See if you can pay your rent in to court and seek breaking the contract citing a breach of your right to safety and based upon the landlord and manager's knowledge of the condition. Good luck.
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