Do You Have to Pay to Break a Lease If Someone Breaks Into Your Apartment?
Feeling safe in your own apartment is what you should expect as a tenant. However, if someone breaks into your unit and you no longer feel secure while you're there, you may consider breaking your lease and moving to a safer area. A break-in or burglary may seem like a serious infraction that warrants getting out of a long-term lease --- however, read your agreement carefully and determine if you'll be penalized for leaving before the term expires.
Legal Reasons
Lease agreements are binding contracts that can't be broken without legal consequences. Each jurisdiction has its own landlord/tenant laws, and every lease is different. However, there are standard practices across the country when it comes to allowing tenants to move out in the middle of a lease term. The majority of lease agreements can be broken for health and safety issues that make the apartment uninhabitable. Even then, the landlord would have to be negligent in ignoring the tenant's requests to repair items that make it a health or safety issue. There are exceptions for individuals serving in our military if they're called to transfer in the middle of a lease. Certain states also have clauses that allow victims of domestic violence to move out when necessary for safety reasons. Also, lease agreements may have a clause that guarantees "quiet enjoyment" of a unit. Therefore, if you have rowdy neighbors and your landlord can't control them, you may have a legal reason to break your lease.
Burglary
If there's a criminal act around or inside your apartment, such as a break-in, you don't automatically have grounds to break your lease. The police should be called, and your apartment should be secured to prevent the situation from happening again. Unless there are mitigating circumstances, you may not have the legal right to break your lease and move due to a burglary. However, if break-ins occur because your landlord has been negligent in securing your apartment, such as not fixing a broken window lock, you may have legal grounds to leave in the middle of your lease term. Consult your lease and an attorney who specializes in tenant rights before moving.
Options
If you find that a break-in isn't a sufficient reason to break your lease, you have other options that can help you move before the term is over. You can move without a legal right, but then you risk losing your deposit, depending on the laws in your area. Also, you may be liable for paying the monthly rent for the remainder of the term. Your best option may be to find a suitable replacement tenant, approved by your landlord, to lease your apartment.
Mitigating Damages
Ask your landlord what it will take to be able to move out in the middle of your lease term. It's possible that the landlord may charge you a fee that's less than the cost of paying the remainder of your lease term. If not, then you're responsible for any losses that the landlord incurs due to your termination of the tenancy in the middle of the lease. Therefore, if the unit remains vacant while you or your landlord try to find a replacement tenant, you're legally obligated to pay the rent during that time. Also, if the landlord isn't able to lease the apartment for the same amount of rent that you're paying, you have to pay the difference until the end date of your lease. Ultimately, your landlord is responsible for mitigating your damages by doing everything possible to find a new tenant and keep your costs to a minimum.
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