Breaking a lease

I signed last fall a lease for my son and his friend to move in while my son is in college. He has had 3 break ins over the past few months. He is wanting to move out, is there a way to get out of the lease if he is living in an unsafe enviroment?

Also, his roommate has not paid his share of this rent in the last two months. I have an notorized paper where he place his signature on at the time of the lease promising that he would be responsible for his have of the lease? Can I file small claims against him to get my money back?

[OHlandlord]

Your son cannot break his lease for crime in the area. It was his responsibility to research the area and see if it met his criteria. The LL is not doing the crimes. That said, there are steps he can take to be safer.

He should write to the LL and report the crimes. He should report how the thief gained access to the apartment each time. Ask the LL for better window locks, door locks, motion sensor lighting, or other items that would make it less attractive to thieves. He may say no, but you could always ask him for permission for the son to install these. Ask the LL to cut back (or permission for your son to cut back) bushes that block views of windows. Leave on porch lights to illuminate the areas.

You can also take other steps like placing "dummy" cameras in sight with printed notices on windows and doors that "cameras are in use". (These are available for about $20-40 and have a blinking light. They even scan the area back and forth or follow movement with motion sensors.) Additionally, your son should get rental insurance to cover his things in case of loss.

You can sue the roommate in small claims court for any rent he owes you because you had to pay his share to the LL. I suggest you keep detailed records of what he owes and send him written bills by certified mail, return receipt requested (keeping a copy and the receipt card when it comes back). This will prove attempts to collect and will be used to show the court he owes that amount for rent.