[carole_d]

I live in an apartment and we are having lots of break ins in the apartment and to the cars parked in the parking lot. Landlord does nothing in spite of several complaints from neighbors. What can a tenant do in such situation. Can he break the lease without having to lose the security deposit.

[Fr_Chuck]

No, this is not any grounds.

Now if there is know illegal activities on the property, drug sells, prostitution and the police are called there often for that, and the owner is not taking care of it by evicting the people, then there could be a case.

What are you wanting the landlord to do? There is little you can do with car break in, except not keep things in your car and perhaps get a car alarm. Also a security system for your home.

See about a neighborhood watch, lobby the police to

[carole_d]

I don't know if any illegal activity is going on, but it’s a possibility. There are around 10 guys hanging around the property at night and at hours when most people are not home. They are damaging the property and stealing small things left at patio etc. isn't it landlords job to provide safe surrounding for his tenants. Shouldn't he hire a security guy to keep an eye on the property when so many people are getting affected?

[Fr_Chuck]

No, you can not require him to hire a security guard, you can call the police if there are people hanging around, Or the tennants can form an association and all of the tennants can pay for a security guard. And of course take the liablity of hiring a guard, If and when you or any perosn sees something you all have to call the police.

[krystal1973]

You cannot break a lease unless one party fails to meet the terms of the lease.. and that's after proper notice, etc.

[klinus1997]

i live in an apartment and we are having lots of break ins in the apartment and to the cars parked in the parking lot. landlord does nothing inspite of several complaints from neighbors. what can a tenant do in such situation. can he break the lease without having to lose the security deposit.

I once had an apartment that got robbed because the windows didn't have locks and the landlord refused to add & change existing locks. I was getting robbed by my neighbors. After most of my wardrobe was stolen I registered a complaint with the cops and then I took my daughter and moved to a safer town. A few years later at another apartment I had HUMAN size rats and I couldn't have them around my daughter and I left that apartment after living there only 2 months. As long as you aren't destructive and don't expect your money (deposit) back then you should be okay. You also have to make sure you have your complaints documented just in case. I think it costs them more to take you to court to get the $$ for the months left on the lease than it does if they collect it.

Never heard from either of those landlords.

[Cvillecpm]

You need to call the police and organize other residents as a Neighborhood Watch for your HOMES... this is NOT your landlord's responsibility.

[ballengerb1]

Carol, your original question was can I break the lease and the answer is yes. However, your landlord does not appear to be breaking any part of your agreement so you won't be walking away free and clear. If you break your lease you may be held responsible for any vacants months rent until it is re-rented plus advertising costs.

[excon]

Hello Carol:

I believe your landlord IS breaking the lease. He is required to supply a "habitable" residence. That includes security. Clearly, he isn't. I agree with you.

I would send them a letter giving them 30 days notice, and outlining your concerns and the law. Send it certified. You WILL wind up in court, so hopefully, you've documented all this stuff. If you did, I think you'll win.

excon

[ballengerb1]

Hey Ex, can you further explain what landlord conduct has caused the apartment to not be habitable? Carol doesn't say her place was robbed and no indication of broken locks, security lights, brokebn doors or windows. Where is the misconduct in your view?
Thanks

[ScottGem]

I have to side with Chuck and others here. The landlord is not responsible for crime prevention. Now, if the building had a locked front door and that door was broken and the landlord failed to fix it, that would be a different story. But unless there has been some change to the premises that occurred after you moved in and that made the building less secure, then the landlord hasn't broken the lease.

You can move out, but you will be held responsible.

[carole_d]

Thank you all for replying. I didn't know that providing security is not one of landlord’s responsibilities. I believe that my landlord is in a position to take some action to stop it. Like if the people who are causing these problem are tenants, then he can take measures to evict them or if they are not tenants and coming from outside, then isn't it considered as trespassing and doesn't he have some kind of responsibility to stop trespassing as its his property after all.

Many of us have called cops before. It seems like they stop causing trouble for weeks once someone calls cops. Then it starts again after few weeks. I spoke with neighbors and we are thinking about organizing a neighborhood watch.

[ScottGem]

If they are tenants and they are breaking their leases and the landlord does nothing about it, then he is creating an unsafe condition. However, its not his responsibility to provide security guards or other impediments to trespassing.

[ballengerb1]

You have your answer, you must keep calling the cops. If that slows the buggers down for a week or two then plan to call the police every two weeks.