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MsPatMan · Nov 10, 2009, 11:29 AM

I've been renting a house in Savannah, GA with my three sons for 11 months. On the 10/31/09 my home was broken into; all of our electronics was stolen. Now I terrorified in my home. The landlord will not let us get a dog for safety or protection. I no longer feel safe and feel that I'm able to protect my sons in this house any longer. The oldest son has nightmares about someone entering the home while we are sleep. I previously lived in Virginia and know that you are able to move/break your lease if your family is threatened or in danger.

My question is: What is Georgia's law regarding this? Am I able to move my family to another home without being penalized and will I be able to get my deposit returned?

ScottGem · Nov 10, 2009, 12:33 PM

Umm where did you get the idea that Viginia law allows this. I can't find any reference to it. And, in fact, do not believe very many, if any states allow this.

To get out of a lease due to something like this, you would need to show that the landlord was negligent in preventing the danger. And I don't see that happening in this case.

You say you have been there 11 months, is your lease almost up?

During that 11 months has there been a lot of incidences of crime in the neighborhood? Did you ask the landlord to beef up the locks, install an alarm system, etc, either before or after the inicident?

MsPatMan · Nov 10, 2009, 12:50 PM

When we were stationed in Norfolk, Virginia we were able to move because someone was killed across from our house. Due to our family being in danger we were able to break our lease without penalty.

My lease is up in January. Crime has increased when a new family moved into the neighborhood and they have lots of people hanging around. She did have a deadbolt added to the back door because there was not one there and this is the exact why the thieves came into our home.

ScottGem · Nov 10, 2009, 03:01 PM

OK, First, your being military probably had a bigger impact on being let out of the lease then any statute. There may have been other circumstances involved.

But it appears that your landlord reacted properly by increasing the security. I don't want to minimize your feelings of danger, but they appear to be more your perception than reality.

You can talk to your landlord to see if they will let you out of the lease sooner, but she doesn't have to. So start looking for a new place, it may take you a couple of months to do so.

Fr_Chuck · Nov 10, 2009, 06:33 PM

No, unless the landlord failed to provide locks on the door, or was aware of an unsafe problem.

What you do, get a security system, they have wireless systems that are monitors,
** and why or where did you think a dog is protection, unless you buy a highly trained attack dog of some sort but that could be a danger to your even if you want one to attack anyone that breaks in when you are not there.

So your house is broken into, really it sounds like you and children need to go to counseling to get over some unwarranted fears. Beyond that you get better locks on the doors, add a security system, perhaps get mace or even a gun permit

MsPatMan · Nov 11, 2009, 06:59 AM

So I guess it's "my perception than reality" that my next door neighbor's house was broken into yesterday in broad daylight. As far as us being military; we didn't have a military rental agreement; 2 or 3 other families were allowed to move due to the unsafe environment.

I've had dogs all my life and I knew dogs are a good warning if some one is around and most times a good thief determent.

"Unwarranted fears" really like I mentioned earlier my neighbor; whose yard and mine are side by side (not down the street neighbor) house was broken into. Really, something's make you real helpless to protect your children. FYI my son is seeing a counselor. I also know removing them from the atmosphere/situation will make things better for them.

Wireless alarms cost more than traditional alarms, I already met with Safetouch, ADT etc. It's too much and I can't afford it. Any more suggestions?

ScottGem · Nov 11, 2009, 07:15 AM

First, you did not mention your neighbor's house previously. So how do you expect us to know about it? But even then, it doesn't give you enough to force a break in the lease. Your landlord is not responsible for these crimes.

As to the VA issue, again, there is no law that requires a landlord to let you out of a lease because of your home was broken into or even if the neighborhood has a crime spree. If there was, it would further undermine housing in lower income areas. So there had to be other circumstances involved there. But I can find no law that allows it. The closest I came was a Texas law that allows a tenant to break a lease if they were the object of domestic violence by a co-tenant.

Do not assume that we don't understand your fears. I've had my house broken into so I do understand. But bad things happen and you have to face them and go on with your life.

This question is in the Real Estate Law forum, So our answers have to conform to existing law. And there is no law that allows you out of your lease because you were burglarized or even because the neighborhood was the subject of a crime spree.

You said your lease was up in January, you didn't specify whether it was the beginning or end of January. So that means you have 6-10 weeks to go on the lease. I would write the landlord a letter informing her that you will be vacating at the end of the lease. Then start looking for a new place. In the letter you can ask, that if you find a place sooner, will she let you out of the lease with 30 days notice.