If I fear for my safety and want out of my lease, must I give notice?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I fear for my safety and want out of my lease, must I give notice?

My apartment got broken into and I fear for my safety as they broke through the deadbolt. They never really fixed the door which apparently can’t keep criminals out anyway. I want out of the lease but they say I have to give a 60 days notice.  Can they do that?

Asked on June 21, 2011 under Real Estate Law, Alabama

Answers:

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

Answered 10 years ago | Contributor

Landlords in most states have some degree of legal responsibility to protect their tenants from would-be assailants and thieves and from the criminal acts of fellow tenants. Landlords must also protect the neighborhood from their tenant's illegal activities, such as drug dealing. These legal duties and responsibilities can be found in various places like local building codes, ordinances, statutes, and the best place: court decisions.  If a landlord that crime has occurred in the past in the area and in their building and have done nothing to keep tenants safe then they can be held liable for criminal acts.  Here you may or may not have enough to break your lease BUT you should not just leave.  Go to court and file a proceeding against the landlord citing safety and prior knowledge of criminal activity and asking the court to void the lease.  Otherwise you could be responsible for the remaining rental payments.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption