Am I able to break a lease due to 2 apartment robberies in my apartment? 4 Answers as of October 15, 2013

I have 2 young children and I do not feel safe there. I was a month late on rent when the first robbery occurred and since then, I have not paid because I no longer felt safe living there. I have tried to break the lease after the 2nd robbery. I have contacted the leasing management and they said I would still have to pay. I refuse to do so and have since asked to speak to corporate, but I have not been contacted.

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Law Office of Richard Winkler | Richard Winkler
I have not seen your lease agreement; however, standard leases have a "quiet enjoyment" provision. Two robberies and the possibility for further issues might reasonably be considered a default on the part of your landlord. You should show your lease to an attorney for further direction, but it sounds like you might have sufficient grounds to leave without further obligation on your end.
Answer Applies to: Rhode Island
Replied: 10/15/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
Every California lease has an implied covenant by the landlord giving the tenant quiet possession of the leased property. Whether the two robberies entitle you to break the lease, depends on whether they were foreseeable, and if so, the cost involved in providing further protection. For example, if criminal acts Are attributable to another tenant or its visitors, the landlord may be obligated to evict the tenant. The tenants right to break the lease under these circumstances is commonly referred to as a constructive eviction, as opposed to an actual eviction. However, in order for a tenant to break the lease on the basis of a constructive eviction, the tenant must vacate within a reasonable period of time. The tenants right to treat the lease as terminated, does not include the right to live there without paying rent.
Answer Applies to: California
Replied: 10/15/2013
William Bidwell, Attorney at Law | Bill Bidwell
Michigan law allows one to break a lease only under the following circumstances: domestic violence, stalking, or sexual assault. Find a substitute tenant.
Answer Applies to: Michigan
Replied: 10/15/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
You defaulted before the 1st robbery. Good luck arguing that was the reason.
Answer Applies to: New York
Replied: 10/15/2013
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