[Str8frmbk]

Here's the story:
My lease has been expired for over a year, but I have continued to occupy me apt without renewing a lease so in effect I'm on a month-month term. Over a month ago my apt. was burglarized entry of a window. Upon further examination I found that none of the windows lock- the locking mechanism on all were broken. I sent an email to landlord including details of the robbery, the suggestions of the police, and a request to either put bars on the outside OR fix the locks on the windows. The only thing that has been done was that they brought someone in to take a look at the windows and on that same afternoon he NAILED the windows SHUT!! So its been over 2 weeks that I've lived in this apt. with the windows nailed shut... They are supposed to replace 1 (out of the 3 windows that needs to be replaced) window, but over 2 weeks later, they still have not done this. I want to know if I can move without giving 30 days notice based on the fact that this is a building code violation, and they have not corrected or fixed the problem in a timely manner, and now I'm put in danger because in the case of a fire or emergency, I do not have access to the windows. I want to move immediately. Can I do so without repercussions, and what are the chances of receiving my security deposit back?

[twinkiedooter]

You need to report the nailing shut of your windows to the proper agency. This is a fire hazard and the landlord could be cited. Then you need to contact the Housing Agency and report the window not fixed.

Having lived there that long and you are just now noticing the windows don't lock? Please. You should have jumped up and down a long time ago about that. The fact you had a break in is essentially your own fault in that you did not take steps to secure your windows properly. And anyway, if a burglar wants to get in, they will get in and window locks just slow them down about 10 seconds when breaking in. The iron gates are a surefire way of keeping burglars out (and probably the only way to keep them out of windows).

And no, you can't just skate away from your lease. You will have to give written notice that you are leaving. The 30 day notice on your part saves you from a lawsuit by the landlord and the possibility that you can get your security deposit back. If you just up and skate away you won't get your deposit back no matter how much you protest or ask the landlord for it. You must abide by the law or you won't be able to take landlord to court over the deposit's return.

[Str8frmbk]

[QUOTE=twinkiedooter;2042367]

Having lived there that long and you are just now noticing the windows don't lock? Please. You should have jumped up and down a long time ago about that. The fact you had a break in is essentially your own fault in that you did not take steps to secure your windows properly. And anyway, if a burglar wants to get in, they will get in and window locks just slow them down about 10 seconds when breaking in. The iron gates are a surefire way of keeping burglars out (and probably the only way to keep them out of windows).

[QUOTE]

First of all, yes I have lived there for awhile but was never aware of the fact that the locks did not work. Its not something that I thought about or even checked because there was no cause for concern... it was only after my apt was broken into that I checked all the windows and found out that the locks were not working.

How is the break in my fault?? I did not install or choose the windows that were in there. In fact when the guy came in to take a look at the windows he told me that BEFORE I moved in he advised the property manager to replace the windows because they were cheap windows and were porrly installed.

Second of all, I suggested iron gates based on what the police told me, only to receive a 'NO we can't do that because it's a fire hazard' from the landlord... I am at my wits end and frustrated with the situation. Thanks for your response.

[Autarkic]

You should consider looking into your State's local Public Health and Safety Laws, Landlord/Tenant Act Laws, and the local Fire and Safety Acts in order to determine if you have standing to sue. I am dealing with a similar issue with fire codes violations which caused my business to close down. The Public Health and Safety Laws show the responsibility on part of the municipalities and other agencies, companies, and even private persons to the public's overall safety and health. If the fire code violations violate any of those laws/regulations, you have a good faith duty to uphold them over any contractual obligation that violates them. A contractual obligation may not be enforced if any part of such obligation violates any law/regulation currently enforced and becomes something called a voidable contract. You are eligible for something called 'constructive eviction'. This is where the conditions for living are so deplorable or unbearable that a reasonable person can not be forced to stay. You will have to check your local laws first in order to see if this is applicable to your situation. But it is always best to consult an attorney first before pursuing any legal recourse. I am obligated by law to inform you that I am not an attorney and that any thing contained herein is my opinion and not to be construed as legal advice. It is for informative purposes only... you must do the research on your own and come to your own conclusions.