My apartment has been broken into and my belongings stolen. Can I break my lease?

Asked by S.ShoreDude, Weymouth, MA Mon Jan 16, 2012

I already pay rent from month to month but I want to leave sooner than a 30 day notice, which is the current lease agreement. Less than 2 weeks ago my house was broken into and a few days ago a UPS package was stolen from my front door step. The break in was due to the landlords negligence of his faulty and unsecured windows. (locks do not work)

The bottom line is my apartment is not safe to live in anymore and I found a new place that I can move into tomorrow.

What do I say to my landlord to make sure I do not end up paying for February rent?
(January is already payed for)

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Don Tepper, Agent, Burke, VA
Mon Jan 16, 2012
As Debbie advises, discuss it with your landlord. However, base your argument to the extent possible on whatever's in the lease. For example, the lease may call upon your landlord to provide safe accommodations. That sort of thing. Your argument--and I'm not a lawyer so this isn't legal advice--would be that by failing to abide by the terms of the lease, your landlord has broken the lease. And that, as a practical matter you feel unsafe. And that, from a liability standpoint--again, I'm not a lawyer, so this isn't legal advice--your landlord's failure to provide a safe environment exposes him to liability. So, you tell him, you believe it's in both your best interest and his that you be able to move without being responsible for February's rent.

Hope that helps.
1 vote
Debra (Debbi…, Agent, Livingston, NJ
Mon Jan 16, 2012
what do you say to your landlord?

well, you tell him what you just told us...........if he insists on having you give 30 days notice, you might want to ask an attorney what your legal rights are......or .perhaps there is some organization in your area that deals with tenant/landlord rights and laws.
1 vote
Melissa Goss, , Center Moriches, NY
Thu Aug 29, 2013
More than likely no- there may be some form of a penalty for doing so. Discuss this with your landlord.... on your next quest to tenancy please get yourself renters insurance.
0 votes
Don Eddy, Renter, Monterey, CA
Thu Aug 29, 2013
I broke a five year lease after only five months, in Denver, 1993. Seems the owner failed to mention the terrible black, greasy, soot from the adjacent railroad yard would filter into the large, brand new, apartment. Grounds for breaking the lease? Constructive eviction. Check it out!
0 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Jan 16, 2012
Discuss all your concerns with your landlord, and go from there; if he/she is understanding, it's possible a mutual agreement can be reached.
0 votes
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