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by Anonymous on April 2nd, 2007

Anonymous

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Help answer this question below.

We've lived in our TX apt 6 mths now and we've already had our apt broken into at 4am by a man masturbating in my daughters doorway ,and our car broken into. We want to move out but have 6 more mths left. Can we break our lease legally for feeling unsafe?

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  • by Jay Was Here - AYPWIP on April 2nd, 2007

    Jay Was Here - AYPWIP

    Texas law provides two situations in which a tenant may break an otherwise valid lease without penalty:

    (A) A victim of family violence may break his/her lease if 1) the abuser is also a resident listed on the lease; 2) a temporary injunction or protective order is issued against the abuser; 3) a copy of the temporary injunction or protective order is provided to the landlord; and 4) the victim abandons the property. This only applies to leases signed on or after January 1, 2006.


    (B) In some situations, a tenant may terminate his/her lease upon entering military service. Termination may also be available to servicemembers who are permanently transferred or deployed for a period of 90 days or more. Again, we recommend you consult our office if you believe this provision may apply to your situation.


    http://www.utexas.edu/student/lss/llt.html


    If the crime is a result of people other than tenants of your complex and outside of the property, then you will likely have a hard time breaking the lease without penalty. However, if the crime is the result of other tenants at your complex, and/or it is happening on the apartment property, then you may want to treat this like you would any repair that is a threat to health and/or safety. Basically this entails sending a certified letter demanding that the problem be taken care of within a specified amount of time (typically a 7 day deadline). If the complex does nothing to resolve the problem by the deadline, then most Property Codes state that you may terminate your lease and move.

    http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm

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