Constructive eviction

My vehicle was broken into in the aparments wher i was renting, of course renters insurance payed for the loss but about 2 weeks latter my garage was broken in to and 1 week after that my rear window was broken on my truck ...BAD LUCK??? i am married and have a son that was about 1 at the time...did not feel safe... talked to ll about fixing the gate in frount of the complex"we are working on it" so ....i moved out...now being sued....what can i do

[OHlandlord]

Maybe not much. Did you send the LL a certified, return receipt letter about repairing the gate? Did you give him a reasonable time to fix this (usually at least 30 days since it did not affect habitability) after he received this letter? I'm afraid a phone call or a conversation about the gate will not hold up in court - you need to be able to prove you requested repairs (it becomes a he said-she said arguement). After this 30 days was up, did you give appropriate written notice to break your lease, citing the lack of repairs needed? Usually, courts only allow you to break a lease for lack of repairs for habitability issues. Since the broken gate did not affect the inside of the unit itself or your ability to live there, many judges will not allow this action. (This can be different depending on your state or local court. A few judges might be sympathetic.)

Beyond this, the LL is not responsible for crime in the apartments. Unless he, himself, broke into your car or garage, you cannot hold him responsible for the crime in an area. It is your responsibility to do due diligence in checking out the area in which you wish to live. Check noise levels, crime statistics, etc. This may be different if the ad or his words promise a specific condition that is not true (ie - "quiet" neighborhood, "low-crime" district, etc.). Even then, if promises were made, he cannot be held responsible for a sudden change of condition (the airport changed the flight paths of incoming planes, a rash of burglaries take place that had not occurred previously). If you give written notice of a condition that is within his control (like a broken gate), he should have taken some action. Make sure you show up in court and at least plead your case. If you fail to show, the LL wins a judgment against you automatically.

A couple of factors may come into play if this goes to court: When you made the request, how long you gave him to fix it, what progress was the LL making toward repairs, were there delays that were out of the LL's hands (like waiting for a part or association approval), was the gate broken when you moved in & did you know it, would the repair of the gate have affected the crimes, etc. It is doubtful that the gate repair would have stopped crimes to a vehicle or a garage (it could have been done by someone living in the community even). Unless you followed the above notification, this was not a sufficient reason to break your lease and you will be ordered to make the LL whole for his losses since they were not a result of his actions. Sorry.

I also am in the middle of this type of issue.

Thanks for the advice.