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Can I get my deposit back if I break the lease to due to lack of security/negligence?
Anonymous5 views5 answers
I moved in to this apartment In December, I wrote to my landlord explaining how dark it was in the parking area. The next day my car was stolen. I notified my landlord and they told me they would work with their management company on the security issues. Now there are guys at all hours of the night loitering selling drugs and one I saw tucking a gun in his waist. Two months later the front of the building has been pitch black for three weeks and this Saturday my car was stolen again. My family stays locked inside the house and I escort my fiancée when she leaves but we can't live here like this. I asked my landlord to release us from the lease or relocate us and to assume the recovery fee from the second incident, I sent them receipts and pictures to support my claim but they don't answer
I would suggest you consult with an attorney who can review your lease agreement and determine if there is a provision there for this type of issue. With that being said, your landlord has a duty to provide you with quiet enjoyment of the property. Living under constant fear is not quiet enjoyment of your property. There are different ways you can address this issue and an attorney will be able to guide you through the proper avenues.
issues of quiet enjoyment must be dealt with as a lease violation by the landlord. You must issue the landlord a 7 day notice to cure ( I attached a link to the form you need to use) . If the landlord has not made a reasonable effort to remedy the problem in 7 days you may withhold the rent. If you believe the situation makes the unit untenable, you may declare the lease in default and move out. From a tort liability standpoint, the landlord may also be liable for you damages from theft and violence from the unsafe situation.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
Not likely, but the best way to try it is to hire a lawyer to help you prep for a lawsuit to resolve the issue in advance of some other controversy. DO NOT go to a lawyer with this issue AFTER you are behind on your rent as it will cost you an arm and leg if you can find a lawyer then as it will appear that your claims are trumped up to avoid rent.
