Breaking A Lease - Opinions/Advice Needed

[Iron Chef]

My son lives in Dallas in a large apartment building. It looks like a nice building, not in the ghetto or anything, but he really hates the building and says it's not safe. He's planning on moving to a better place when his lease is up in July. He just texted me and said that last night at around 4am, some black woman was running down the hall banging on doors screaming "He's gonna murder me, help, call the police!"

(Apparently, her life doesn't matter )

I'm wondering if there's any way he can break his lease a few months early by claiming he fears for his safety in that building. Any thoughts?

[Steve_R]

What does the lease say about breaking the terms early by either party? Claiming he feels scared is probably not sufficient reason to break a lease since anybody can claim a "feeling" without having to provide any proof.

[Bill]

If the woman does indeed get murdered, it's a self solving problem, no more noise problems.

[ZipZap]

Typically, no. The terms are different on every lease and they show the payment required to get out early. The only one I've been able to get out of was when they had another tenant lined up to move in when I moved out.

[VITE1]

It all depends on the lease agreement.

But he may consider talking to the complex and say he is willing to leave early if they can find another renter. Given the market conditions they may just let him go and get higher rent from the next person.

[snide]

Buying a gun and some ammo will be significantly cheaper than breaking the lease. The landlord will let your son move, but he'll be responsible for the rent until the lease end. The landlord won't be motivated to find another tenant. Perhaps the only thing he can do is, sublet the apartment, if the lease allows it.

[Rodnok1]

Originally Posted by VITE1

It all depends on the lease agreement.

But he may consider talking to the complex and say he is willing to leave early if they can find another renter. Given the market conditions they may just let him go and get higher rent from the next person.

This...

[Millenium Vette]

Originally Posted by Iron Chef

My son lives in Dallas in a large apartment building. It looks like a nice building, not in the ghetto or anything, but he really hates the building and says it's not safe. He's planning on moving to a better place when his lease is up in July. He just texted me and said that last night at around 4am, some black woman was running down the hall banging on doors screaming "He's gonna murder me, help, call the police!"

(Apparently, her life doesn't matter )

I'm wondering if there's any way he can break his lease a few months early by claiming he fears for his safety in that building. Any thoughts?

Well, did anybody call the police? Have there been other incidents where the police are called?

It's not what the lease says, it's what the judge decides if they want to make him pay after he moves out. It might be worth it to have a lawyer take a look at the lease. Just because it's in the lease doesn't mean it's legally enforceable.

[Anjdog2003]

Originally Posted by Iron Chef

My son lives in Dallas in a large apartment building. It looks like a nice building, not in the ghetto or anything, He just texted me and said that last night at around 4am, some black woman was running down the hall banging on doors screaming "He's gonna murder me, help, call the police!"

Nice building not in the ghetto.

[ZipZap]

Originally Posted by Millenium Vette

Well, did anybody call the police? Have there been other incidents where the police are called?

It's not what the lease says, it's what the judge decides if they want to make him pay after he moves out. It might be worth it to have a lawyer take a look at the lease. Just because it's in the lease doesn't mean it's legally enforceable.

It's a ****ing rental apartment in Texas, not a mansion in Newport, RI. Why give someone else money to look at stuff any normally intelligent person can figure out?

[Iron Chef]

Sorry for the delay...new job is an ass-kicker...

Well we talked about it last night and he said he's just going to stick it out for the few more months because it's probably not worth the hassle and it likely won't accomplish anything. He did call the police that night and also reported it to the building management, but he says that they're a bunch of half-wits anyway. He mentioned that he does want to get a gun and I told him it was probably a good idea.

Thanks for the input though.

[Rob]

Originally Posted by Iron Chef

I'm stopping by Ace Hardware today to get a rake for my paychecks. Want me to pick one up for you?

If only someone he knew had so much money they needed a rake to gather it all up, then he could reach out to them to bail him out

[Millenium Vette]

Originally Posted by ZipZap

It's a ****ing rental apartment in Texas, not a mansion in Newport, RI. Why give someone else money to look at stuff any normally intelligent person can figure out?

Because normal people don't know contracts and how to break them like a halfway decent attorney will. Does that answer your ****ing question....

[ZipZap]

Originally Posted by Millenium Vette

Because normal people don't know contracts and how to break them like a halfway decent attorney will. Does that answer your ****ing question....

It's an answer. Not a good one. But it is an answer.

So a minimum of $200 an hour to teach you how to read a contract?

[Mick]

Originally Posted by snide

Buying a gun and some ammo will be significantly cheaper than breaking the lease. The landlord will let your son move, but he'll be responsible for the rent until the lease end. The landlord won't be motivated to find another tenant. Perhaps the only thing he can do is, sublet the apartment, if the lease allows it.

Most of this stuff is governed by State law, so it varies. I know nothing about Texas law, but in NJ, this is NOT the case. A tenant can leave at any time with a 60 day notice, and the landlord HAS to make an effort to re-rent the apartment as quickly as possible. The tenant is responsible for the rent until the end of the lease, IF the landlord can't find another tenant, but in this environment, the court will side with the tenant every time if the landlord tries to claim he couldn't find another tenant in 60 days.

[Iron Chef]

Originally Posted by Rob

If only someone he knew had so much money they needed a rake to gather it all up, then he could reach out to them to bail him out

Yeaaahhhh if only. But you know what? He does know someone like that. But being the well-educated, self-sufficient young man that he is (who, at 27, is into his first six-figure job), he doesn’t need to do that. And knowing him as I do, he’s pretty proud of the fact that he’s doing well for himself without handouts. And so am I.

I’d tell you how much your suggestions mean to me, but I think you already know.

[Millenium Vette]

Originally Posted by ZipZap

It's an answer. Not a good one. But it is an answer.

So a minimum of $200 an hour to teach you how to read a contract?

No. A minimum of $200 to tell you if the contract is legally enforceable. And it doesn’t take an hour for any attorney to read a lease contract. Just because a contract has something printed on it doesn’t make it legally enforceable.

[BRUIZER]

If you were to gather enough information ie police reports, field reports etc showing there is an unordinary number of police calls for criminal activities at the building address, there is a good chance you will find a sympathetic judge to rule in your favor.

In other words: give notice, relocate and let the building mgmt fight you in small claims.
Currently, tenants pretty much are given an unprecedented leniency as to their rights in eviction/small claims proceedings. Landlords have little recourse and getting ultimately screwed at this point in time.

[Barn Babe]

Maybe you could find a friend who will lend him a llama so he can get himself evicted.

[ZipZap]

Originally Posted by Barn Babe

Maybe you could find a friend who will lend him a llama so he can get himself evicted.

Do they drop pellets, or long turds? Asking for a friend