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Repeated vadalism- unsecure property- lease break possible? help

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Old Jun 16th, 2008, 10:23 PM     #1
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Default Repeated vadalism- unsecure property- lease break possible? help

My girlfriend has been having problems in her apt complex and wants to break a lease Are any of these a valid legal reason when presented to a judge?

-Someone continues to vandalize her car often and the management will not provide adequate security for parking in the complex. (3 incidents w/ police reports)
-Also, she has filed many complaints about noise from her upstairs neighbors, which nothing has been done about it.
-The landlord did not do a walkthrough before the lease signing, asked tenant to note details herself, and return form next day (no lights on during inspection)- then the landlord post dated the walkthrough form to the original date of inspection even though he was not present.
-Landlord used intimidation tactics when trying to discuss leasing issues.
-Tenant has notified manager of security/ noise issues with no response for several months
-Many other small complaints as well- it has been building for about a year- but she really doesnt feel safe anymore with someone continually vandalising her car-- she believes it is her neighbor above her who she has complained about many times- the car was keyed immediately after complaining about loud late night parties.

She is going to leave and pay a settlement fee, but is planning on suing landlord to recoup losses.

Would a judge find any of these reasons valid to break a lease and restore settlement to tenant?

She has faced extreme emotional distress living in these accommodations without the management trying to create a safe, comfortable environment.

thanks, appreciate your thoughts and experience
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Old Jun 19th, 2008, 08:53 AM     #2
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Default Re: Repeated vadalism- unsecure property- lease break possible? help

The vandalism is not the LLs fault. Unless he is doing the vandalism, he has no control over what others do. This could happen no matter where she lived. Try to catch the neighbor in the act or put a camera on the car to catch the culprit.

The noise would depend on who or when the noise was. If it is from children, there is nothing the LL can do except to ask the tenant to keep it down. If it is from adults during the day, the answer is the same. You can't force anyone to be quiet during daylight hours unless it is so loud that it violates noise ordinances. If it is from adults after 10 pm, she should be calling the police to make police reports of the disturbances. This would provide evidence of the disturbances. Without these, it is just her word against the other neighbor. If no other neighbor complains about the noise, there is little the LL can do without police reports. It is a he said-she said argument between the neighbors and he has no idea who to believe. He cannot evict on her complaints alone.

Unless your state requires a walk-through inspection the day of occupancy, it is not a violation. He merely requested her to do the inspection to protect herself. Perfectly proper. The condition of the unit didn't change from the day of lease signing to the couple of days later that she was to complete the report, so the date isn't that important. It still shows the condition of the place at move-in. The idea was for her to document any damages she found upon moving in so she couldn't be charged later for these. By asking her to complete it, he offered to allow her this protection, which is the idea of the move-in inspection. This is not a problem. The fact that he was willing to take her word for whatever she reported shows a good faith effort on his part. This inspection is for her protection, not the LL's.

What type of intimidation tactics are you speaking of? Threatening not to renew her lease? (His choice.) To send her a violation notice (agin, his choice if she is in violation.) Please explain this. Unless he attempted some illegal move, this canot be used to terminate.

The noise issue has been addressed above. She needs this documented by the police. What security issue is there? Are you referring to the parking lot? Unless there is a security camera or a guard to watch the lot, it is a public and common area. Same as parking on the street. He isn't responsible for what goes on there. Is there some other security issue? Unlkess there is, this is not a reason for termination.

Truthfully, you are not totally safe anywhere anymore. Her perception of being unsafe is not a reason to terminate either. From what you've posted, she does not have sufficient reason to break her lease in court. Her best choice is to pay the early terminiation fee and move on. She would not get this back from a court. Her living conditionas are just normal everyday apartment conditions that every person in a complex faces daily. Her unit is not uninhabitable. Her living conditions are not so severe that a reasonable person could not deal with them. It is not extreme emotional distress and I seriously doubt she could convince a judge that this constitutes such legally. Sorry.
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