Can you terminate yourlease due to safety concerns?

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Can you terminate yourlease due to safety concerns?

My husband and I are trying to terminate our lease because of the fact that we no longer feel safe in the complex where we are located. We signed the lease only 5 months ago and everything was peachy – perfect at first. After a of couple months we started having issues with the smell of marijuana. Not only outside of our apartment but also in our very own bathroom. Also, we no longer feel secure of ourselves but of our property just last week there were what seems 15 police officers in the apartment next door. Would we be able to terminate our lease because of those issues?

Asked on January 3, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you are able to terminate your tenancy due to health concerns with respect to crime issues depends primarily upon the fact if the landlord knew that the unit was in a high crime area or not before you signed your lease and did not advise you of this material fact.

If so, then you very well could have a basis for rescinding your lease due to the fact that the landlord failed to disclose to you before you signed the lease of a material fact that could affect one's desire to rent the unit or not, namely high crime.

I suggest that you might consider consulting with a landlord tenant attorney further as to ways to possibly cancel your lease without recourse. One option would be to sub-lease your unit to another person if you want to get out of your lease sooner rather than later.


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