Hello,My apartment was burglarized on 05/01/12 and I was on vacation and didn't find out until 05/06/12 when I returned back home to the "gated" community. My door still had the dent from the crow bar that was used, but supposedly the door was secured and I requested them to do a better fix, but I'm not staying there. The property manager claims they lost my new # XXXXX their system crashed, so they could not notify me. I have an online acct to pay rent and they send notifications to my email monthly, but yet, they did not email me. In addition, I have two emergency contacts that they claim to have called, however, one never got a call and the other called the # XXXXX but didn't know the issue and there were never any follow up calls. I refuse to stay there b/c of the lack of safety and I live on the 3rd/4th floor with 20steps per each flight! Please give me some guidance because I'm definitely breaking my lease and plan to have everything out, I mean I just paid my rent for the month and can't stay there.Thank you,S.W.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I certainly understand your frustration. There does need to be a legal basis to break the lease and if the landlord fails to secure the premises and take the necessary steps to prevent continuous crime, you could possible have a reason. If this was an isolated incident and the landlord takes the steps to safeguard the property, it is going to be harder to vacate. If the landlord knew about the constant break ins and failed to do anything, they would be negligent. However, if this is the first time it happened, they could not have known. Prior to just moving out, you do need to make a written demand in writing, advising them of your concerns and see what steps they take to resolve the problem ( i.e. better locks, lighting, security camera, properly working gate, etc). If they fail to do anything and this continues, you could then vacate.
Thank you, XXXXX XXXXX found out from the detective that there were several previous burglaries in Oct/Nov 2011, but I only knew of 1. And they are waiting to get more reinforcements for my door, but they are not doing anything else with the gate/security. Just the way that they handled "notifying" me is unacceptable. I no longer have Peace of Mind there. Thank you
I certainly understand. The previous incidents and the fact that the gate was not working, could possible be a basis. It would be up to the Judge to decide. If you are going to vacate, you do need to give them notice and try and work something out, so they will not try and go after you for breaking the lease. If they do sue for the breach, you will have to use what happened as a defense and legal basis. Thank you for allowing me to answer your question. If you have nothing further, please rate my answer so I can get credit for my help - I hope you found it to be Excellent!
Leases. Landlord-Tenant. Foreclosures. Mortgages. Eviction.
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