Can we break lease if wife is 8 1/2 months pregnant and getting high blood pressure because we got robbed?

I’m worried about the safety of my pregnant wife and unborn child. They broke into our apartment and robbed us and now wife is scared and stressed out about living there. Can we break our lease if its causing her high blood pressure? We have 2 months left and we had already giving our notice.

Asked on May 18, 2012 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two sides to this question.  First, there is a duty that the landlord has to protect its tenants and provide a safe environment for living.  If the landlord has breached that agreement then your lease may be void or voidable.  But if the break is was not the fault of the landlord then you have breached the agreeemnt unless the landlord will let you out of the lease.  Then you become liable for the remaining months. The law gives the landlord an opportunity to increase safety measures is necessary.  But if you are indeed worried for the health of your wife and unborn child I would approach the landlord with that in mind and get a signed release for the apaprtment (voiding the present lease).  Good luck.

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