Should we have to paya leasecancellation fee if we are being forced out of our condo due to a violent neighbor?

Get Legal Help Today

 Secured with SHA-256 Encryption

Should we have to paya leasecancellation fee if we are being forced out of our condo due to a violent neighbor?

We have a problem neighbor. She threatens us physical harm and the police have done nothing to hold her back from this. Our landlord has done nothing. We technically have to pay to break our contract to be able to leave our condo, which we intend to refuse to pay. I don’t feel safe, cannot even leave the condo for fear of running in to her. We feel as though we should ask for the condo managers to cover us in some way for movers as well as not forcing us to pay a breaking fee. They have done nothing to help the situation.

Asked on June 11, 2011 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

While I can certainly understand what you are going through with this matter my concern for you is that it appears that YOU will be breaking the lease - which is a contrat the terms of which are agreed to - unless you go to court and ask that the Judge void the agreement and let you out.  You have a right to be safe an to enjoy your apartment.NOT to feel like a prisoner.  Do you have copies of any complaints made to the police?  Keep documented accounts of your calls to them to report her.  Go down and ask to file a complain - insist on it.  And give your landlord written notice of the incidents and keep requesting that he or she does something about it.  Condo managers too.  They are agents of the landlord.  Then go and speak with someone about what the law will allow win your area.  See if you can pay your rent in to court and seek breaking the contract citing a breach of your right to safety and based upon the landlord and manager's knowledge of the condition. 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