Sunday night my ex-wife came home at approximately 11:30 pm, and man came up out of a darkened area (there is some lighting) with a shotgun and attempted to force her into the back seat of her car. In the process she was shot in both legs. She is now to afraid to go back to her apartment, yet the complex is refusing to allow her to break the lease without 60 days notice and ridiculous fees. It should be noted the police officer leading the investigation informed us of a similar incident the night before in the same complex. The apartment managers failed to notify any of the residents or take any further security actions. Does she have any legal precedence to break the lease or is she just screwed?

She's screwed. The apartment managers aren't required to notify everyone though some might... and I highly doubt armed onsite security was part of the lease agreement.

Yeah, sounds like she's screwed. As was said, unless it was in the lease, they are not required to provide a security force. They are not required to notify people of such events. They cannot be held responsible for what happened and what could possibly happen beyond their reasonable control.

She could argue, in defense to an action by the landlord for the rent, that the landlord had had breached the lease by making her "quiet enjoyment" of the leasehold impossible. But as others have indicated, such an argument will probably not prevail.

She should get over her fear; perhaps by getting herself a concealed carry permit; a tazer, or maybe a big mean dog.

She could type a letter sent certified mail saying that the owners failed to provide adequate lighting and that she will be contacting all other tenants to demand better safety measures. It isn't any kind of legal guarantee at all; just a bluff. But landlords hate organized tenants, and it might work. If she can afford a minimal fee for a 'lawyer letter' even better.

... and it might work.

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If she can afford a minimal fee for a 'lawyer letter' even better.

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Joy, I don't know about other lawyers, but I would consider it unethical to write a letter threatening a lawsuit when I had no intention of actually filing one. And it would be clearly unethical to actually file one when you know that the suit is unwarranted.

It might be OK to write something like "my client was assaulted when [details]. Will you please do [such and such]?" But such a letter, without a threat of litigation, is not likely to be taken seriously.

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Originally Posted by rbass

yet the complex is refusing to allow her to break the lease without 60 days notice and ridiculous fees.

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While I sympathize with your ex's predicament, I'm wondering why you think complex has any obligation to let her out of the lease? Or why you seem to think they are acting in an unreasonable manner? Being a landlord is a business. In most cases it is run in a business like manner. A lease is a contract. I doubt if the contract providing for any security or notifications or anything. While it might have been nice for them to notify tenants to be careful because of the previous incident, they were under no obligation to do so. Actually the police may have been more at fault for not notifying residents then the complex management was. And I'm also wondering what you consider "ridiculous fees". The usual fee for a buyout of a lease is 2 months rental.

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Originally Posted by rbass

It should be noted the police officer leading the investigation informed us of a similar incident the night before in the same complex.

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As noted, the police should have notified tenants. In fact the police should have canvassed tenants to see if they saw anything. That would have spread the word. But I don't believe your ex has any recourse but to either move back in or pay whatever is the cost of buying out the lease.

While I also feel sorry for her, crime happens everywhere, and there is really no requirement to tell people of a prior crime. The police questioning and investigating really should have been obvious and neighbors talking and telling each other.

This is really not grounds to move, and the next place she moves can be just as dangerous.

I will not even say she is screwed, since this is just normal business and while a bad thing to happen, perhaps she needs to consider counseling for her fears.