Can I terminate my lease without penalties due to safety concerns?

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?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Colorado

Answer:

You may be able to terminate your lease without penalties if you can prove a breach of the warranty of habitability. This warranty requires landlords to provide safe and sanitary housing. If conditions in your apartment threaten your safety or well-being, this may violate the warranty.

To establish a breach, consider these factors: (1) the seriousness of the safety issues, (2) how long these issues have persisted, (3) whether you notified the landlord about the problems, (4) if the landlord could fix the issues in a reasonable time, and (5) whether the issues resulted from your conduct as a tenant.

To successfully claim a breach, you must show that you informed the landlord of the unsafe conditions, gave them a reasonable chance to address the issues, and that they failed to do so.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The best excuse to break a lease typically involves a significant issue that affects your safety or the habitability of the rental unit. Examples include severe maintenance problems, such as mold or pest infestations, or safety concerns like inadequate security measures. Documenting these issues and notifying your landlord can strengthen your case for termination without penalties.