Do security problems justify breaking a lease?

Q: I moved into an apartment in Ohio back in April 2007. I asked all the questions about safety, maintenance and security. I was told that the property had no problems in over two years. I was also told that the gates to the parking lot were down every night at midnight. The manager continued to state that the main doors to the buildings were designed as a safety measure and people would have to buzz in to gain access to the building.

Things seemed to be okay until July 2007. On July 1st my car was broken into in my carport in the parking lot. I can understand random acts, but when I went to the police to file a report I learned that many break-ins had been occurring in this area. The police officer even told me that a man was almost beaten to death last summer in that parking lot.
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Quiet Enjoyment and the Code Inspector

You may have noticed a clause in your lease agreement which talks about your right to “quiet enjoyment.” What this means is that the landlord will act in such a manner that no one can come in and displace you from the rented premises during the time that you are paying the rent there.

But if the landlord does not have the place up to code, and you call the code inspector and the code inspector cites the landlord for several violations, the landlord will have to bring the place up to code. If the landlord does not bring the place up to code, the the code inspector could post a 24 hour notice to vacate upon the rented premises, and then have you and your things tossed out the next day. If this happens, this would be a breach of the “quiet enjoyment” clause of the lease agreement on the part of the landlord.

Once you can show that the landlord has breached the lease agreement, then this absolves you of the duty to pay further rent on the lease.

So calling the code inspector may be one way to get out of your lease, but you should be warned that it might happen sooner (24 hours) than you think. So be ready to go if you summon the code inspector out to your place.

You can read up on other ways to get out of your lease agreement read more here.

Breaking a lease because landlord failed to install furnace

Question: My sister would like to break her lease based on failure of her landlord to make certain improvements. My sister moved into a place that was being renovated with the impression that the landlord was going to put in a heater and a kitchen sink. After moving in and signing a 6 month lease, the landlord said he was not going to put in a furnace and never did put in a kitchen sink. She has been doing dishes in the bath tub. Anyways, she is moving and the land lord is refusing to return the security deposit. Is this legal if the lease states that he was going to install a furnace? There are 2 toddlers in this house. Can my sister break her lease?

Answer: In Ohio (many other states have similar statutory protections requiring the landlord to maintain appliances like furnaces), if the lease requires the landlord to install a new furnace, then the landlord’s failure to do so will entitle the tenant to the protections of Ohio Revised Code Section 5321.07 (one of which is to break her lease). In other words, the failure to install the new furnace would be treated as a failure to remedy defects at the apartment. A tenant should provide the landlord with written notice of the condition to be remedied (lack of furnace) and deliver it in a manner that she can prove that the landlord received the written notice. If the landlord does not resolve the problem within 30 days or within a reasonable amount of time (whichever is shorter) then the tenant can escrow rent with the local clerk of courts, sue to compel the landlord to remedy the problem, or terminate (break) the lease provided the problem warrants lease termination. I would also think that the tenant could sue the landlord for breach of lease and attempt to recover the difference between the rent she paid and the actual value of the apartment without a furnace and without a sink.

Learn about all the options you have for getting out of your lease here.

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Guide to Breaking your Lease

Top mistakes renters/tenants make when trying to break their lease

Don’t make the same mistakes yourself!

1. Renters vacate the apartment without providing any notice to the landlord.In most states, a notice of intent to vacate actually shifts the burden to the landlord to attempt to rerent the apartment. Generally, if the landlord rerents the apartment for what you paid or for more, your liability for rent ends at that point. If the landlord receives no notice of your intent to move out, the landlord generally does not have this burden until much later. All during that time, you are incurring liability for unpaid rent. Learn how to give proper notice of your intent to vacate and reduce your liability for additional rent, rerental fees and other damages.2. Renters fail to adequately document the condition of their apartment when they do leave to break the lease.Landlords seeking revenge have no qualms charging you for damages that didn’t exist especially after you’ve unlawfully broken a lease. Learn the proper way to document the condition of your apartment before you break your lease so that you can reduce your potential liability for damages.3. Renters assume that job transfers automatically get them out of leases.

Know the law in your state, before you trust the advice of your nonlawyer friend.

4. Renters take a landlord’s word that he will let them out of their lease when they find a house to buy.

Fat chance! Unless it is in writing, generally, a landlord’s verbal promise doesn’t change the written agreement, i.e., your lease. Your landlord will hold you to the lease and won’t let you get out of your lease. How’s the monthly mortgage payment AND rent payment now? Learn how to properly make amendments to your rental agreement so that you can hold your landlord to his verbal promises.

5. Renters don’t know the laws in their state and assume they have no options to get out of their lease or to break it.

As many as 10 strategies exist for getting out of your lease. Knowledge is power. Know the law in your state about getting out of your lease.

6. Renters don’t know how to effectively negotiate with their landlord.

What are your bargaining strengths in this situation? Don’t let your landlord tell you that you have no bargaining leverage when you try to get out of your lease. Know the law in your situation and increase your bargaining power against your landlord.

7. Will a landlord’s unlawful entries get you out of your lease?

Only if you follow the correct procedure in addressing those unlawful entries. What’s the law in your state?

8. What if your roommate backs out of signing the lease?

Are you stuck renting the apartment alone? Can you still get out of your lease?

9. What if the landlord couldn’t give you possession of the apartment immediately?

Are there ways to get out of your lease in such a situation?

10. Is the landlord failing/refusing to make repairs to the apartment?

Do you know if your state has a procedure that could lead to getting out of your lease if the landlord continues to not make repairs? Follow the correct procedure in your state and get out of your lease early. Fail to do so and find yourself in court.

11. Lessee acknowledges that any security measures provided by Lessor shall not be treated by Lessee as a guarantee against crime or a reduction in the risk of crime.

Seen this before? Can you get out of your lease because of crime nearby or because you feel unsafe in the apartment?

Consider our publication, “How to get out of your lease,” in which we go through 10 strategies that you may be able to employ, depending upon your situation, to get out of your lease.

Bookmark this page - you’ll be back!

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Testimonials After being fed up with my landlord’s refusal to make much need repairs at my apartment for almost four months, I bought a copy “How to Get Out of Your Lease.” This publication showed me how to legally get out of my lease and provided me with a step by step way of doing it. Who knew? I thought I had no legal rights (at least, according to my landlord) and had to put up with his constant lies and delays. I wish I had bought it sooner. Thanks, Eric and Andy for all your help. - S. Gonzalez

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Excerpt from “How to get out of your lease”

B. Unauthorized Entries by the LandlordAs mentioned above, many states have specified that landlords must meet certain obligations. In Appendix I at the end of this publication, I have compiled a directory of state statutes that specify a landlord’s obligations with regard to unauthorized entries. To illustrate my point here, I am just going to reference Ohio law because the Ohio Landlord Tenant Act was based on the model landlord tenant act that many other state statutes were based upon. In the Appendix, I will spell out the differences your state may have when compared with Ohio.Revised Code Section 5321.04 (A)(8) states that a landlord shall give reasonable notice to the tenant before entering into the property unless there is an emergency or unless it is impracticable to do so (many other states have a similar statutory provision governing how and when landlords can enter the premises - see Appendix 1 for the laws in your state concerning a landlord’s right of entry). Twenty four hours is presumed to be reasonable notice unless the party asserting that it is not can show the court otherwise.Obviously, if the apartment is on fire, then the landlord need not give notice to anyone to enter and take steps to remedy the situation. If the tenant is out of town for a month and has not given the landlord a phone number to call for permission to enter, then it would likely be impracticable to give such notice. But similarly from the tenant’s point of view, if the tenant tells the landlord that he will be spending the weekend out of town and will be back on Monday, then having the landlord leave 24 hour’s notice on the tenant’s answering machine may be unreasonable as well.Here the law is recognizing the tenant’s right to quiet enjoyment of the premises. Part of quiet enjoyment is the right to exclusive use of the premises. If the landlord keeps coming in without notice to the tenant, then this is an interruption of the tenant’s right to quiet enjoyment and thus the landlord has breached the lease agreement.

Some courts have held that unauthorized entries are the same as a landlord’s failure of his duty to fix the premises. This means that after the first unauthorized entry, the tenant must send the landlord a letter informing him of the problem and that the landlord is not to do it again. If the landlord then does it again, then he has breached the lease and this will give the tenant the right to terminate the lease.

C. Calling the Housing Inspector

Your apartment is covered by local ordinances which require the landlord to keep residential premises up to the local health and safety codes. If the landlord fails to do this and the tenant brings this to the attention of the city inspectors, then the city inspectors - continued in publication and included are several other strategies for breaking your lease legally!

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Product Details - “How to break a lease”

Searchable Pdf ebook - 156 pagesView (print) with Adobe Acrobat ReaderPublisher - R&W Publishing (September 21, 2006)copyright 2006ISBN - 0978899636

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Inside this PDF eBook

• • How to legally break a lease
  • 10 proven strategies to help you get out of your lease
  • What reasons won’t work for breaking a lease
  • How to limit potential liability if you do break your apartment lease
  • How to assemble documentation and evidence to defend against a suit for breaking your lease
  • How to answer a complaint for early lease termination and assert a counterclaim
  • Sample answer in response to breaking a lease
  • Sample counterclaim
  • Sample lease termination letter
  • Appendix of individual state statutory provisions relevant to breaking a lease
  • Less than $16 now may result in saving hundreds or even thousands of dollars in future rent
  • Lease termination agreement
  • Sublease agreement to pursue option of subleasing
  • Formal request for repairs to build case for terminating lease for lack of repairs
  • Formal notification for security deposit to obtain security deposit where warranted
  • Notification of termination of month to month tenancy to put an end to rental liablity
  • Formal notification of non-renewal of lease to end rental liability
  • Formal notification of noise violations to build case for lease termination
  • Formal notification of unlawful entry by landlord to build case for lease termination
  • Formal notification of non-renewal of lease to end rental liability
  • Move out checklist for documenting condition of premises upon vacating to end/reduce liability for damages
  • All in Microsoft Word format

Everything you always wanted to know about how to break a lease, breaking a lease, and early lease termination - these strategies are applicable in all statesTopics covered include:

Additional essential forms (all in Microsoft Word format) recently added to our guide

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Search inside “How to Get out of your Lease”! Click here to pay here through clickbank

How to get out of your lease by Eric E. Willison, Esq. and Andrew J. Ruzicho II, Esq. ————————————– List Price: $19.95 Your Price: $11.97 Availability:Immediate receipt upon payment You will be redirected to download page after payment A copy will also be sent to your payment email address. ————————————-

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Get a bound, printed version here

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