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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110540
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter along with 3 other ladies are renting a duplex

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My daughter along with 3 other young ladies are renting a duplex while attending LeMoyne College in Syracuse, NY. A lease was signed . The rental agency assured these ladies that the area is safe. However, gang related crime, loitering, drug dealers, and 2 shootings within the last 2 weeks, directly across the street from their place does not qualify this as a "safe" neiborhood. We would like to help the girls get out of there, which of course means getting out of the lease. What are your thoughts?

Hi Suzanne, thanks for your question. I'm Stacy. What are the terms of the lease as far as termination? When did they sign the lease?

I need to step away for a bit, but will follow up if you've answered while I'm away ASAP.

Customer: replied 7 days ago.
They did sign a lease I believe spring of 2016. I'll have to get exact details of the lease. My daughter has it at school. I will see her today at about 3:15 CST
Customer: replied 7 days ago.
I may even take a photo of the lease agreement and send to you.

Seeing a copy of the agreement would be really helpful if you've got access to it. You can just upload it through this platform. I'll take a look once you get the information.

Customer: replied 7 days ago.
Lease agreement is attached to this message. Date the lease was signed was November 15, 2015. Date lease began was August 15, 2016 and the date the lease is suppose to end is July 31, 2017. The term is suppose to be 11 1/2 months. Monthly rent is $2,000. Thanks, ***** *****
Customer: replied 7 days ago.
What would happen if we parents just pull them out?
I asked the girls to compile a list of repairs that have not been completed and dates of calls etc. Also a very moldy basement is at the house-- laundry facilities are there. Carbon monoxide detectors not working!
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as it appears your previous contributor had to leave.
I am afraid that based on this lease, just because the area is unsafe is not a breach of the lease and it is not grounds to terminate the lease. If the girls leave, according to the lease they remain liable for all payments to the end of the lease unless they find a suitable replacement to take over the lease from them. The only way out of the lease is if the landlord is not making necessary repairs or if the premises inside is not in habitable condition and the landlord refuses to make it habitable. Other than that, the girls will need to find replacements and get them approved by the landlord and have the landlord substitute the replacement tenants on the lease or the girls will be liable for the rent until the end of the lease term, even if they just leave.
Customer: replied 6 days ago.
What is the worst that would happen if we just moved them out? The rental agency does not have ss#'s
Customer: replied 6 days ago.
The owner of all of these properties lives on Long Island. He is not returning calls!
Thank you for your reply.
The worst is the company can sue them for breach of lease and seek judgments against them. If the agency has no SSN then they would have to locate those to be able to report to credit bureaus, but the lack of SSN does not stop them from suing and getting a judgment and then trying to find them through the school or even serving the school with a subpoena to get their SSN which the school would then have to surrender, so do not count on them not having their SSN for long and thinking that they will be able to avoid a judgment IF the management company chooses to sue.
Customer: replied 6 days ago.
The rental agency is not affiliated with the school.
Thank you for your reply.
They do not have to be related to the school to serve a subpoena on the school for records and information and then the school has to comply with that subpoena which is an order from the court.
Customer: replied 6 days ago.
What if we have an attorney send a letter to the rental agency indicating our concerns
Thank you for your reply.
Even using an attorney, you would need legal grounds for breaking the lease. A bad neighborhood is not the fault of the landlord and not the landlord's liability. If there are problems with the actual rental property itself that the landlord is refusing to repair, those are grounds you or an attorney can use to argue to break the lease.
Customer: replied 1 day ago.
It's come to my attention that one of the ladies never signed the lease agreement. Would that be an out for all of them or just her? Can the ladies request a radon test? Also found out that pigeons and squirrels are making nests in the attic! Droppings everywhere! I did contact the Onondoga health department and the Code office.
Thank you for your reply
I just noticed that you failed to leave positive feedback. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
If the one girl did not sign the lease I am afraid she could still be bound as an oral lease, but she could argue that the actual lease terms itself do not apply and she is a month to month tenant and can exit the lease with only a 30 day notice.
Rodents in the attic can violate the warranty of habitability as it can present a health hazard and you can seek to use that as a breach of the lease ONLY if you give notice to the landlord and he refuses to fix it.
Customer: replied 15 hours ago.
sorry -- you've been a great help!
Thank you for your reply.
Please do not forget to click on the 5 stars at the top of the page. Thank you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110540
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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