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angrytenant7803

Early termination of lease for safety

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There was a shooting In my building in the apartment directly in front of mine. Bloody foot prints and blood stains were on the concrete the next morning. The police were called several hours later and a total of 7 squad cars showed up (10 or more cops). The occupant of the unit was arrested-I think (I was too scare to look out). The complex did not wash up the blood until one whole day later (nothing to do with tempering with evidence).  I am terminating my lease for safety and believe the management company will take me to court. Do I stand a chance or should I get a lawyer?  My lease expires January 2017.  Thanks

Edited by angrytenant7803
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What does your lease say about early termination.  What is the penalty if it is spelled out.  I am sure the landlord will fight the termination and you need to know if it is even worth hiring an attorney at $300.00 per hour.

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I know this is easy for me to say, b/c I don't know the overall problems with violence in this particular apartment complex. I can't help but wonder if you should just "grin and bare it" for the remaining five months of the lease. When it's up, then get the hell out of there, and make sure the next apartment you rent from doesn't have these kinds of issues. I refuse to live in fear. Don't let any of his "followers" intimidate you. That is your home for right now.  Don't give them that kind of power over you. They don't deserve it. This might be the most cost-effective way of dealing with this problem. I can't help but question whether or not spending the money on an attorney will be that beneficial to you. By the time your case is finished, the lease might be close to ending. Just my thoughts.  

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15 hours ago, angrytenant7803 said:

I am terminating my lease for safety and believe the management company will take me to court. Do I stand a chance or should I get a lawyer?  My lease expires January 2017.

 

If your question is whether you have a legal right to terminate your lease because of what happened, the answer is no (unless your lease expressly says otherwise), and getting a lawyer isn't going to change that.

 

 

13 hours ago, angrytenant7803 said:

Will I be responsible for the rest of the term?

 

Yes, subject to the landlord's obligation to mitigate damages by seeking a new tenant.

 

 

14 hours ago, angrytenant7803 said:

Texas law is slightly ambiguous about family violence and dwelling violence as reason to terminate.

 

Which statute(s) specifically are you looking at and think are ambiguous?

 

 

14 hours ago, angrytenant7803 said:

Should I interpret dwelling as the building, or within the unit?

 

Depends on context; we'd need to read what you're reading.

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Term "dwelling" won't mean apartment building, but in your case if you were renting a room in alleged killer's place.

 

Have zero idea why you'd be afraid of "followers" and you don't say.

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16 hours ago, angrytenant7803 said:

Moving to a different unit was offered--not viable-I'm afraid of his followers

 

Whose "followers"?  What does that even mean, and why are you afraid of them?  And you're renting an apartment in the same complex or building where the alleged killer also rented an apartment (not a room in the killer's apartment), right?

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