Can I break my lease early and not have to pay for the current month rent if my home was broken into?
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Can I break my lease early and not have to pay for the current month rent if my home was broken into?
My home was broken into and I don’t feel safe in my home any longer. I want to move before my lease is up. I told the office this and they said that I have to pay net month’s rent and the cancel fee. Is there anyway I can get out of paying all of that due to the circumstances?
Asked on May 23, 2012 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A landlord is not responsible for the criminal acts of third parties--like someone breaking into your home--unless the landlord is actually at fault in some way, such as by not providing adequate security. ("Adequate" is basically what the average landlord in a area like this would provide for a building like this; if the landlord is more-or-less providing the locks, lighting, etc. that other landlords for similar premises do, then he or she is discharging his or her legal obligations). Since the landlord is not responsible for other's criminal acts, their criminal acts do not give you the right to break your lease--which is a contract--with the landlord.
As a result, unless you can show the landlord was at fault--and furthermore, that he or she has not or is not correcting the sitution despite notice of it--the landord does not have to let you cancel the lease at all, unless the lease itself provides for early cancellation. If the lease provides for early cancellation, you can cancel it as per the terms of the lease (i.e. by doing or paying whatever it calls for). If the lease does not provide for early cancelation, however, then the landlord could require you to pay the full rent remaining for the balance of the lease term, or such lesser amount as the landlord voluntarily agrees to let you pay.
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