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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55453
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My question concerns breaking the lease on an apartment. I

Customer Question

Hi Pearl, My question concerns breaking the lease on an apartment. I have lived at the same complex for 2 years now, but the last 6 months there have been robberies and 2 shootings. There was a 23 year old male killed this last Friday in the open and I have seen multiple drug related transactions as well. What rights do I have as a tenant to move due to being a single woman in fear of just walking to my apartment?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Tennessee
JA: Has any paperwork been filed?
Customer: such as?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I had by boyfriend staying with me and I received a letter stating I have 14 days for him to move out or I will be evicted as well. I have had him staying there due to not wanting to be alone.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Richard replied 7 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 7 months ago.

You do have the right to terminate with no recourse to you. With every rental comes the implied warranty of habitability, which includes the right to the safe, healthy, peaceful and quiet enjoyment of your rented premises. You are clearly not being afforded such enjoyment of your premises where there is criminal activity and your health and safety are clearly in peril….and therefore the landlord is breaching the implied warranty of habitability. This puts the landlord in default. You should send the landlord a certified, return receipt requested letter notifying the landlord that you are terminating your lease due to this default effective as of a specified date. Demand that your security deposit be refunded in full and that you will be making a determination and providing notification shortly of any damages you have suffered as a result of the default.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 7 months ago.

I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.