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  1. #1
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    Default Breaking a lease

    Is not feeling safe in your own home a good enough reason to break a lease?

    Someone has attempted to break into our apartment for the 5 the time now.

    Our security screen door has bowed with someone trying to pry it open, the screen over the window has been bowed with someone trying to pop of out (if our windows are open all you need to so is pop the screen off and you can get in, but it's too hot to shut them!). They've bent around the frame with a screwdriver to pop it off, our other entry door has been tried to be wedged open as wood has split around the locks. One time I was home alone sitting on the couch in the lounge with DS at 3AM (where the windows are) and someone came up the stairs and banged on the window before running off (would have seen me through the blinds but incouldnts DS them). DF confirmed it wasn't a bat or bird as there were hand print on the window.

    DF works nights 4-5 nights a week and I'm now petrified to go to sleep

  2. #2
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    You can break a lease for whatever reason you want and you don't have to tell the real estate. But either way - that definitely sounds like a good reason! I would be scared too and probably get the heck outta there!!

  3. #3
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    Quote Originally Posted by nirok View Post
    You can break a lease for whatever reason you want and you don't have to tell the real estate. But either way - that definitely sounds like a good reason! I would be scared too and probably get the heck outta there!!
    I don't think you should take the above advice... Sure, you can break it, but there'll be financial consequences if it's a fixed term lease... Best you ask the real estate institute in your state - search their FAQ on the website as a starting point.

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    In NSW the only time I've seen the tribunal allow a tenant to break a lease without penalty is through hardship. ( death , loss of job ect ) but as pp said you can break a lease for any reason but you will have to usually pay a breaking of lease fee and rent until a new tenant is found and any advertising costs - or depending on the landlord - any lease can be broken if both parties agree

    I would call your property manager and tell them the problems you have had , give them copies of any police reports etc and ask them to ask the owner and hope for the best

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  6. #5
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    If you are unable to exact a quiet enjoyment of the premises and you have proof of this then the tribunal will accept this as a valid reason and consider it accordingly. Yes, there may well be financial consequences but communicating with your agents first is always a good idea. You can't go on living in a residence that is obviously being targeted. It's not healthy. Or safe.

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    Quote Originally Posted by GM01 View Post
    I don't think you should take the above advice... Sure, you can break it, but there'll be financial consequences if it's a fixed term lease... Best you ask the real estate institute in your state - search their FAQ on the website as a starting point.
    Yes but the op didn't say anything about 'financial consequences' just asked whether she can break the lease and the answer is yes she can without providing a reason.

  8. #7
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    I would talk to the RE about the landlord making the house more secure. If the screen could easily popped off a window and someone could get in, then the house is not properly secured. If the house was secure when you moved in, then the landlord needs to make any repairs to ensure it is secure again.

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    OP, I would email your real estate to express all of your concerns and advise that you are thinking about breaking the lease as a consequence. They can then pass on your concerns to the landlord and see what they are willing to do.

    If you are really lucky, they may decide to improve the security for you, or if they are really sympathetic they may let you out of the lease.

    Anyone can break a lease for any reason as previous posters have stated, but it can be quite costly to do so.

    I don't blame you for wanting to leave. One attempted break in would be scary enough, but 5 times is just too much.

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    I have just broken a lease because I was very unhappy living there for various reasons. I spoke to the real estate and asked them to re advertise the house, I also personally put an ad on gumtree. I asked the real estate to let me know anytime someone was interested and I'd happily show them through (I had three couples through last week and one put an application in yesterday). I had to pay advertising fee and a weeks rent as compensation but to me that was totally worth it. Now that we have got new tenants everything is fine.

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  12. #10
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    Quote Originally Posted by callmedragon22 View Post
    Is not feeling safe in your own home a good enough reason to break a lease?
    Regardless of the contract, there's no contract in the world that should compel you to neglect your safety or the safety of your loved ones. Walk, and if necessary lawyer up first.

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