What can happen if I terminate my lease early due to crime at the complex?

Full Question:

How can I break my lease without penalties if my wife is in fear of her safety at night in the apartment complex and my vehicles have been broken into 7 times?

You may have grounds for termination of the lease for breach of the warranty of habitability.

In general, a warranty of habitability requires landlords to maintain safe and sanitary housing fit for human habitation. The warranty of provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. "Habitability," for purposes of a landlord's warranty of habitability, is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.

The implied warranty of habitability exists in all oral or written leases of dwelling, which includes houses, condominiums, and apartments. All residential tenancies, whether luxurious or not, are protected by the warranty of habitability.

The parties to a lease may not waive the application of the warranty of habitability.

A condition which may endanger or materially impair the health or safety and well-being of an occupant is sufficient to violate the warranty of habitability. Factors aiding a court's determination of the materiality of a landlord's alleged breach of a residential lease include:

(1) the seriousness of the claimed defects and their effect on the dwelling's habitability,
(2) the length of time the defects persist,
(3) whether the landlord received written or oral notice of the defects,
(4) whether the residence could be made habitable within a reasonable time, and
(5) whether the defects resulted from abnormal conduct or use by the tenant.

To successfully assert a breach of the implied warranty of habitability, the tenant must prove that he or she gave notice to the landlord of the defect or condition, that the landlord had a reasonable opportunity to take the necessary remedial action, and that he or she failed to do so.

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