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Pcampagna
May 27, 2007, 10:49 PM
Can I break a lease after a break-in? I was one of 6 break-in victims in a three day window. Not only was I broken into but I had to call the health department on the management company because of mold issues in the kitchen in 2006. After the mold problem and the break-in I had had enough. I ended up buying my first house.

The management company does not provide security for any of its tenants.

The management company is telling me I'm liable for the lease until September. (April-September)

ScottGem
May 28, 2007, 03:06 AM
The management company is right. There is no rule that says they have to provide security. IF there was some security and its broken or removed (like locks on the outer dooes), and they didn't fix it, that would be one thing. As for the mold issue, if they fixed it in a timely matter, you have no recource.

Neither issue justifies brealing the lease. If you can, I would try to get a sublet.

Pcampagna
May 28, 2007, 09:24 AM
Can I break a lease after a break-in? I was one of 6 break-in victims in a three day window. Not only was I broken into but I had to call the health department on the management company because of mold issues in the kitchen in 2006. After the mold problem and the break-in I had had enough. I ended up buying my first house.

The management company does not provide security for any of its tenants.

The management company is telling me I'm liable for the lease until September. (April-September)
What if living in the apartment has caused me hardship?

Because of the problems I've had to take two weeks off work to move furniture and clean because of all the water and mold issues. I've also had personal property destroyed that the management company refuses to reimburse me for.

I also have documentation the proves that the management company lied to the health department about the mold conditions in the apartment. Don't you think that 6 thefts in a three day window is high? The management company is so cheap that they even took the broken locks from the door that was broken into and put them into the new door.

excon
May 28, 2007, 10:28 AM
What if living in the apartment has caused me hardship?

The management company is so cheap that they even took the broken locks from the door that was broken into and put them into the new door.Hello Pc:

I agree.

Look in your lease to find the clause that says you can leave if the apartment causes you hardship.

What?? You can't find it?? Bummer!

Ok, then look to find the clause that says the management company is NOT going to be cheap, and if they are, you can leave.

What?? Can't find that one either??

You had mold back in 2006? Looks like they fixed it. Anyway, look in your lease and find the clause that says if you report a problem and they fix it, you can leave.

That one ain't there either, huh??

Wow. I guess you're stuck.

excon

Pcampagna
May 28, 2007, 10:46 AM
Ok, thanks for the advise. I'll have to get a lawyer I guess.

Btw do any of you know what it's like to have to go to work and constantly worry if someone's in your apartment stealing all your ?

You too may also consider breaking a lease when your wife or finance refuses to sleep with the lights off.

-Paul

ballengerb1
May 28, 2007, 11:01 AM
Where are the cops in this story? 6 break ins in 3 days sounds like to same burgler working your neighborhood, the cops should be all over you place. You did not mention if the landlord failed at anyhting like not fixing a broken lock or security light. If the landlord has done nothing wrong they can't be expected to be left holding the bag. You are on the hook until they find a new tenant and your unit will not be at the top of their list to rent. They will rent the vacant units first.

excon
May 28, 2007, 11:27 AM
Ok, thanks for the advise. I'll have to get a lawyer I guess........You too may also consider breaking a lease when your wife or finance refuses to sleep with the lights off. PaulHello again, Paul:

Please forgive me if I was being flippant in my previous answer. In fact, I was. But, you did all the wrong things, and asked all the wrong questions. Let's start over, huh?

The very first problem you had was understanding the marketplace and where you fit into it. There is a business concept that you ought to acquaint yourself with, called Caveat Emptor. It means buyer beware. It means that the onus is on YOU to make the right purchase, and there's nobody going to come to your rescue if you don't.

In that vein, you had a responsibility to investigate the building, its security (or lack thereof), and the policies and procedures of the landlord. Had you done your homework, I doubt you'd be surprised that the neighborhood had crime issues.

But, even if the building is located in the most crime free area of town, surly you would have noticed the lack of security, had you bothered to look. Additionally, if you had questioned any of the tenants, I'm sure you would have found out about the mold problem and the landlords inability or unwillingness to do anything about it.

But, you did none of that. You signed an agreement you probably didn't read, moved in, and hoped for the best. Well, you're finding out that hope isn't a good way to plan.

Ok, let's say that everything is going well, and you discover a mold issue. At this point in your landlord/tenant relationship, you have been put on notice that things aren't as promised. From that moment on, you should have done all your communications with them in writing, sent certified, return receipt requested. Those communications SHOULD have been based on your lease and your states landlord/tenant law, which you SHOULD have immediately read.

You didn't do any of that.

So, having done NONE of those things, at the very end when you're having trouble that could have been anticipated, you're the innocent victim here, and everybody else is the bad guy, including us??

Nope. That's not what's happening.

excon

Lowtax4eva
May 28, 2007, 11:54 AM
Well, adding to what excon said above, you can't use a mold problem from over a year ago against them at this point. If it was never fixed or was fixed improperly you could have used that to break your lease at that time (and that's only a maybe). I'm sure at this point any judge wouldn't want to hear a word of it.

So that leaves the break-ins. If 6 units in your building were broken into someone in the building or very close must have don't it, it's up to the police to catch them. If you felt your door was insecure you could have added a deadbolt or a latch lock. But then you also have to consider why weren't other apartments entered? Maybe other tenants did put an extra lock and the burglar just looked for the least secure doors.

Again, I don't think you can blame the landlord, you signed a lease after having seen the doors and windows and if you had any doubts should have looked elsewhere. I don't think a lawyer will be able to do much.

ScottGem
May 28, 2007, 11:54 AM
Btw do any of you know what it’s like to have to go to work and constantly worry if someone’s in your apartment stealing all your ?

You too may also consider breaking a lease when your wife or finance refuses to sleep with the lights off.

-Paul

Ok, first don't think we aren't sympathetic to your plight. Believe me we are, but no amount of sympathy we might have changes the facts. As excon pointed out, had you done your due diligence, you might not have taken the apartment. But you did, you signed a lease that obligated you to stay in that apt for a period. The landlord has obligations as well. But it appears they have fulfilled the obligations they had.

If the mold conditions were pre-existing and undisclosed, you might have been able to break the lease then. But they seem to have been fixed, so you lost your window of opportunity. Yes 6 break-ins in 3 days is high, but how is that the fault of the landlord?

Sure, its caused you hardships, but life ain't easy, we've heard nothing that allows you to break the lease.

Bottomline is that you asked if you could break a lease because you've been inconvenienced. We try to give the most accurate answers and that's what we did. You may not like the answers, but you got the correct ones.

shygrneyzs
May 28, 2007, 11:58 AM
I live in a high crime area - bound to happen since this is a HUD funded complex. However, I am not foolish enough to trust management for myself and my family's security. I have added locks, alarm systems on the front and patio doors, alarms on the window and motion sensors in the backyard. In seven years, only twice has someone attempted to break in.

You have the burden of proof that your management failed to provide what your lease states, as far as security. Examples have been cited already as to broken locks, etc. You also have the burden of proof about the mold issue. You had mold in 2006, was that cleared up and has it happened again? Also, why weren't you insured through renter's insurance? You spoke of personal losses - your landlord is not going to replace those items, that is why many places require proof of renter's insurance now.

Fr_Chuck
May 28, 2007, 12:09 PM
Yes, many of us here are landlords, and many other are renters, and have all been there, or know people who have been there, what do you think about renters who rent in the middle of the hood, where you step over drug addicts just to get to your door. Guess what, again, crime is not a valid argument.

And lets be honest the reason you want, really want out, is you bought a home, and that is not a valid reason to break a lease.
If you give them proper notice, they have to look for a new renter, you will only be liable to the point of a new renter. Also you may be able to sublease.

And you have full rights to have an attorney read your lease, but unless it has a rule to allow you to break the lease for those specific reasons, you can merely read your lease yourself.

And a neighbor going bad, or evern so, what happens after you own your house and it gets broken into twice in a month and both neighbors get broken into, you can't go to your mortgage company and decide not to pay them.

We feel sorry for you and we understand, but you just don't have a legal basis to break the lease

Pcampagna
May 28, 2007, 01:42 PM
Thanks for all of the above responses.

I have been documenting everything with the management company since the mold problems. I have put everything in writing and when I explained the hardships they basically told me they feel that all the issues have been rectified.

They did fix some of the problems but did not make all of needed repairs. After 8 days of renovations and constant fighting with the property manager I was very run down. I also could not take any more time off work without risking losing my job.

I would have left right after the mold problems but I had already auto-renewed my lease.

Regarding having insurance:

I did have renters insurance. The thief's sole all of my finances jewelry and it exceeded the cap in the policy.

They sole 10K and I was only able to recover 3K.

Thanks for all the help. I will post an update after the issue is finalized.

-Paul

Pcampagna
May 28, 2007, 09:15 PM
Can I break a lease after a break-in? I was one of 6 break-in victims in a three day window. Not only was I broken into but I had to call the health department on the management company because of mold issues in the kitchen in 2006. After the mold problem and the break-in I had had enough. I ended up buying my first house.

The management company does not provide security for any of its tenants.

The management company is telling me I'm liable for the lease until September. (April-September)
It's in Edison NJ.

It's not like I lived in Jersey City or Newark.

I was paying $1200 per month for a one bedroom apartment.