How can I get out of the lease without being penalized because of the dangerous conditions outside?

UPDATED: May 30, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 30, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I get out of the lease without being penalized because of the dangerous conditions outside?

Last week there was a drive by shooting where a unknown man was shot twice. My truck was hit 8 or 9 by bullets fired by 1 of 3 man standing in the back of a pickup truck shooting a fully automatic assault rifle.

Asked on May 30, 2012 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, the criminal activities of third parties not under the landlord's control do not give you the right to terminate your lease without penalty. The lease is a contract between you and the landlord; only if the landlord violates his obligations in some way, would you be able to terminate ("get out of") the lease. What other people do--even dangerous, criminal things--does not affect the landlord's rights or your obligations.

IF the landlord is not providing the type of security which other landlords provide for similar buildings in similar locations, and refuses to do so after you have provided notice that security is inadequate, then you might have grounds to terminate the lease for a breach of the "implied warranty of habitability." However, that does not mean the landlord must do everything possible--he is held to the standard of "reasonableness," which generally means doing what the average landlord in this position would do. So if most buildings like this, for example, have front doors that lock and an intercom system for nontenants to be "buzzed" in, as long as your landlord has provided that, he is most likely complying with his obligations and you would not have grounds to terminate the lease.


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 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 lock Secured with SHA-256 Encryption