I don't feel safe, how can I break my rental leasing contract?

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just a few weeks ago there was a situation where a neighbor climbed over my fence and walked into my house. he was drunk and he didn't speak any english my roommate was home and she didn't speak any spanish. after a considerable amount of yelling...he left. She called the police and they investegated both parties story.the police said it not worth pressing charges. But there is a case number. I want to leave, I dont feel safe. The neighbors park in my spot and stare me and my roomate down. We are just scared we wont get our full deposit if we break the leasing contract. What to do?

Attorney Answers

3
Marshall Deason ·
When you sign a lease, you promise to reside in the property for the term of the lease and to pay the rent. Courts do not look favorably on people who break their promises. If you break your lease, not only will you lose your deposit but you will probably have to pay all the rent that is due for the remaining term of the lease. However, you should discuss your problems with the landlord and demand that the landlord take corrective action. If you are unsure of your rights and responsibilities, you should consult an experienced landlord/tenant lawyer in your area.
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Rixon Rafter ·
You would be breaking the lease agreement and could potentially be liable to your landlord for thousands of dollars. The thinking goes that your neighbor's drunken behavior, trespassing and home invasion are not your landlord's doing or responsibility (unless the neighbors were specifically discuss and misrepresented to you by the LL before you took the lease). Re the parking, are you in an apartment/townhome complex? By parking in your spot do you mean parking in an actual spot designated for you by contract, or do you mean in front of your house, on a public thoroughfare? If the former you should complain in writing to your LL and demand LL take action. If the latter, you have no grounds to complain since the spot is open to any who desire to park there--first come first served. Nothing in your post gives rise to a ground for legally breaking the binding contract into which you have entered. Recommend you: (1) contact the LL and let LL know of your safety concerns (do it in writing). If you really must leave, try to work with the LL to find replacement tenants—the LL just wants the monthly cash flow to continue and will be much more amenable to your breaking the lease early if you find replacements (get any agreement with the LL in WRITING) (2) DO not hesitate to stand up for your rights regarding the neighbor if they trespass again—immediately contact police and press charges. (
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33029 Florida Sergio Cabanas 1279904.Html ·
It's true that, as a general rule, you may be found to be liable for the remaining term of the lease, etc., if you break the lease .. unless the nieghbor's premises are also leased by your LL. Every lease has an "implied covenant of quiet enjoyment," which basically means that the LL has an obligation to ensure you are able reside at the premises without interference. So if the LL rents the adjacent property to rowdy neighbors (regardless of the language they speak), you have the right to complain to the LL and, if it's not corrected, you can be considered to be "constructively evicted" by the LL, and YOU may have the right of recovery. In such a case, I would consult with a knowledgeable attorney in your area to consider/pursue legal options.
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