If my apartment is broken into and the robbers came in through a window with a window unit in it, can I break my lease because the landlord didn’t properly secure it?

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If my apartment is broken into and the robbers came in through a window with a window unit in it, can I break my lease because the landlord didn’t properly secure it?

Asked on July 31, 2012 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You most likely cannot break your lease for this reason. First, you'd have to show that the way the unit was secured was so unsafe or insecure that any reasonable person would have considered it a significant hazard--and that's unlikely to be the case. Second, even if it were the case, unless you had previously reported the issue to the landlord and he/she had refused or failed to fix it, you'd first now have to give the landlord a chance to correct the problem.


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