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I’m dealing with lease issues with my landlord. We recently…

I’m dealing with lease...

I’m dealing with lease issues with my landlord. We recently moved here in November and we started renting a house in Tulsa. We have had 3 break ins total and we are wanting out of our lease to move some where more safe so we can have a peace of mind coming home.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

It is in Tulsa, Oklahoma

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease is 12 months. And he said he would settle with 3 months rent and to keep our deposit. I feel as if that is a little extreme. No major issues with maintenance.

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Answered in 3 minutes by:
4/10/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,323
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. The answer to your question is yes. This appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. This means that if the landlord has not done enough to remedy the issue, such as getting a security detail to patrol, working with the police, changing the locks, or otherwise ensuring that the place is secure, then you can exit the lease.

The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 4 months ago
There really hasn’t been any ways for him to make us feel safer in our home. We are really just wanting a way out in the most pleasant way possible

I understand. So, you could make the argument that he hasn't done enough if it's happened three times. I'm not sure of your exact situation, but I do know that whenever there are crimes committed, the landlord must do something to help ensure your safety. If they don't, then you have grounds to break the lease and it is likely that the courts would agree with you.

What other questions did you have for me regarding this?

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Customer reply replied 4 months ago
To be exact it was twice on my truck and once on my house. I don’t know if that changes anything. But they kicked the door in when they entered the house.

Yikes. I'm sorry to hear that. Do you know who did this or was it random?

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Customer reply replied 4 months ago
He did mention a security system after the House was broken into. But other than that nothing has been done

yeah, he could have gone to Target or Walmart and picked up a security system for about $300 to at least make it safer. If they failed to do so, then you could break the lease in my opinion.

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Customer reply replied 4 months ago
I don’t know who did it, I just moved here. But who ever did it had to have been scouting it out for awhile. I guess all I can say is I’m just looking for a way out. And I didn’t know my legal rights for breaking it

Understood. Even if you didn't know the person, they have a duty to help make this right and I think you could make a positive legal argument:) . Did you have other questions at all for me?

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Customer reply replied 4 months ago
I don’t think I do, will these messages save so I can look back at them?

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Legal Eagle
Legal Eagle, Lawyer
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