Rental Agreement

This is a discussion on Rental Agreement within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I signed a lease back in August of 2008 for the term of one year under the impression from the ...

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Old Jan 8th, 2009, 12:14 AM   #1
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I signed a lease back in August of 2008 for the term of one year under the impression from the landlord that this apartment building was filled with "good people" and that it was safe and secure, etc. The day I signed the lease I heard from a good friend that the area I moved to was not the safest. I asked the landlord if there was a 30 day clause that would allow me to terminate the lease and his reply was no. Since then, I have not had the best time living here. The college students that live next door participate in drug use and drinking. They are up until all hours of the night partying and being noisy. I have tried to call my landlord various times when these incidents occur and he does not answer his phone. Also, the battery in their smoke alarm needed changed and was making a chirp every few minutes or so, when I alerted my landlord of this he told me it was their responsibility to deal with not his. Is there anyway I can legally break the lease?
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Old Jan 8th, 2009, 03:55 PM   #2
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No. You cannot break your lease. If the people are disturbing the peace with noise or drugs, you need to call police as this is a criminal offense. Also notify your LL and provide him a copy of the police report. Without cooberating evidence (like a police report) he can do nothing to the other tenants but issue a warning since there is no proof. He is unable to evict them without proof. You might approach the neighbors and inform them that they need to change the smoke detector battery to keep themselves and other residents safe. This is usually the responsibility of the tenant.

A lease withut a termination clause cannot be cancelled or broken without severe consequences. If you break this lease, prepare to continue to pay rent until it is re-rented, utilities if your lease made you responsible for them, advertising fees, agent fees if he uses one to find a new tenant, and any other unreimbursed expense the LL has because of your lease break.
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