My life was recently threatened by an ex-boyfriend; can I legally get a court order of protection allowing me to break my lease?
Question Details:
Recently my ex-boyfriend came after me with a sledge hammer in my apartment complex parking lot. I have a 7-year-old son and fear that if we don't move my ex will come after us. I am filing for protection orders but am wondering if the judge will also give me a court order to move. I talked to my leasing company and was told that there was no way for me to break my lease (which ends 6/30/09.) When I looked back over the lease it stated that the lease may not be broken "unless mandated by law". Is this something that I can ask the judge to do when I go in for the order of protection hearing?
Real Estate Law Answers
A sledge hammer? That's way, way over the top, and you should be talking to the police about criminal charges for assault, on top of getting the protection orders. The law absolutely allows both to happen from this kind of incident; it doesn't violate "double jeopardy" because the protection order case isn't a criminal prosecution.
You can always ask a judge, for just about anything, but I think it's very unlikely that you'll get a court order letting you out of your lease. If the 6/30/09 lease end date is correct though, and not 6/30/10, you are now a month-to-month tenant, and you can end the lease on one full rent-month's notice.
Related Real Estate Questions
- Leasing Commercial – “For Lease” is Only the Beginning: A Guide to Understanding Comm...
- We signed a year’s lease on a rental unit for our college-bound son, with the understanding tha...
- My roommate and I are co-signors on a lease of a house. She wants out before the lease expires, leav...
- How to obtain an Order of Protection from domestic violence in the state of New York; answers to fre...
- Breaking Your Lease When You Can No Longer Afford the Rent
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |