Friday, April 25, 2014

If a tenant decides to break a rental aggreement lease and move because they were robbed at gunpoint on the premises, should they sign a wai...

Question

If a tenant decides to break a rental aggreement lease and move because they were robbed at gunpoint on the premises, should they sign a waiver not to sue to rental property to get back their security deposit and waive the fee to break the lease, despite prior incidents at the rental property and their poor security?



Answer

Depends which side of the fence you are on. Assuming you are the tenant, don't sign that release until you have discussed this issue with at least 2 attorneys: one that specializes in contract and real estate law, and one that specializes in personal injury/negligence.

I am particularly concerned with your allegation of poor security and physical violence. If there were any damages from this event including trauma, physical injury and/or loss of property then you may have a claim against the landlord.

Best of luck, be safe.



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