Can I legally break a lease on my apartment, if I have several police reports about someone entering my apartment without my knowledge?

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Can I legally break a lease on my apartment, if I have several police reports about someone entering my apartment without my knowledge?

Asked on December 19, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you cannot break your lease under these circumstances, unless--

1) you can show that it is the landlord or an employee (e.g. superintendent) of the landlord committing the crime; or

2) you can show that the break-ins are occuring because the landlord is not providing basic security, such as securely locking doors.

The lease is a contract between you and the landlord; you can only escape your obligations to the landlord if the landlord is him/her/itself doing something wrong. You may wish to install an alarm system and/or "nanny cam" to see if you can't document what is happening.


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