Can a victim of domestic violence be written off a lease with no financial penalty?

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Can a victim of domestic violence be written off a lease with no financial penalty?

I was recently a victim of domestic violence. No contact was allowed through the first 3 weeks of the situation. The charges have been dropped and it seems as if the injunction is no longer in action. The offender is telling me he is moving back in. I do not feel safe and I do not want him to move in again. Even though the charges have been dropped, is there a way I can be written off the lease due to my recent domestic violence case? I’ve reviewed the lease and it only talks about termination of the lease. Nothing in regards to protection of tenant or illegal actions in the dwelling place.

Asked on November 29, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Interesting question. If you and a person who are both on the lease for a given rental were involved in a situation where you were victimized and the offender had advised you that he is now moving back in, you need to speak with your landlord about the situation as to what can be done.

Technically the landlord is under no obligation to get involved in a domestic situation. However, he or she may enter into a written release with either you or the other person where one would no longer be further obligated under the lease. The result would be that one of you would then move out of the rental and not be obligated for any future rent. The above is only a suggestion.

In answer to your question, if the lease does not allow you to be cancelled as a tenant due to domestic abuse, your state's statutes have no provision for this request as well.


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