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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33165
Experience:  Attorney for over 15 years, landlord 26 years
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Questions regarding lease termination. I moved into my

Customer Question

Questions regarding lease termination.
I moved into my house a week ago and would like to term my lease because of a homicide that occurred the second day of moving in. I believe this falls under a "Just Cause" to term my lease. Thank you
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Expert:  barristerinky replied 5 months ago.
Was this in the actual house or in the neighborhood?.What is your legal question....whether you can terminate the lease or not legally?..thanksBarrister
Customer: replied 5 months ago.
Yes, this occurred in the neighborhood about 3 houses left to my house. Seemed to be gang related incident and victim was shot while I was moving in my furniture in the house. I wanted to see whether I could legally terminate my lease and obtain my security deposit back or not.
Expert:  barristerinky replied 5 months ago.
Ok, unfortunately this is something that is not within the landlord's control and the unlawful actions of a third party wouldn't affect your legal contract with the landlord. In a landlord/tenant relationship, both parties have certain duties. The landlord has to provide a habitable dwelling that meets all minimum code and housing ordinances, but that is about it. The tenant has to pay rent and not damage the property..So if something happened in the neighborhood, that wouldn't give the landlord the power to terminate your lease or give you the power to break your lease without possible repercussions...However, if you felt that you had to break your lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold you liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold you liable for that lost rent plus any advertising costs..So to minimize your potential liability, if you feel that you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years....thanksBarrister
Customer: replied 5 months ago.
Hmm. Well, I did get a different answer from a family attorney.

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