I moved into a new apartment complex with my family April first and signed a one year lease. I was assured that this was a safe neighborhood for my family (2 babies). Since then there have been shootings, drug dealings, burglaries, assaults, our mailbox has been broken into twice and someone urinates in the elevator at least twice a week. I went to the office less than a month after signing the lease asking to be let out of it. I told them I felt lied to and feared for my children's safety. The manager basically said that if I moved out, I would forfeit my security deposit and will be sued for a year's rent. I'm scared to stay here but cannot afford to be sued for the rent. Is there any legal way out of my lease?
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Can you please tell me what city and state you're in? I can't see it from what I see on my screen right now.
Some states have ways out and some don't.
By the way, the manager is full of it. In every state they have the duty to mitigate damages by making a good faith effort to re-lease the unit. So, it's likely to get leased again, in which case you wouldn't be liable for an entire year.
I'll look forward to hearing from you,
Jane Doe Deer
Reply to Jane Doe Deer's Post: Thanks for your help, I'm in Middletown, CT.
I found a goldmine of landlord tenant information here: http://www.jud.state.ct.us/lawlib/Law/landlord.htm
What I was looking for was reasons under the landlord tenant law that would allow your to legally break your lease.
OK, first of all, here is the landlord tenant law: http://www.cga.ct.gov/2007/pub/Chap830.htm
Please look at these sections, dealing with abandonment and remedies
Sec. 47a-11a. Abandonment of unit by tenant.Sec. 47a-11b. Abandonment of unit by occupants. Landlord's remedies.Sec. 47a-11c. Breach of rental agreement by tenant. Measure of damages.
Sec. 47a-12. Breach of agreement by landlord. Tenant's remedies.
Unfortunately, the law doesn't seem to be of a lot of help to you. In some states, the law includes some specific reasons for being ok to break a lease.
Please read all the fine print on your lease agreement and see what you've agreed to as far as moving out is concerned.
I want to note that landlord/tenant law aside, you could probably win this on basis contract law arguments, such as you didn't receive the benefit of your bargain.
Do you know whether a lot of units in your building are empty? If not, you may be liable for a month or two's rent but not a whole year, because they'll just rerent it. The manager is just trying to scare you.
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