Would this be enough to break our lease?

Question

My boyfriend and I recently moved to Tennessee, but we need to move back home to be with family. We've thoroughly looked over our lease agreement, but some things are a little fuzzy.

Our apartment complex is a "gated community", but in the 6 months that we've been here, we have only had to enter the code a total of four times. Any other time, it has been wide open. We've voiced our concerns to our property manager and leasing consultant, but nothing has been done about it. There was a robbery outside of our building the other day, which makes me wonder if it could have been prevented if the gate closed.

Another issue that we've encountered has been parking. The complex hands out parking permits and reserves the front row for residents and the back for visitors. It seems like every night that we have to park a few buildings down because there are almost never any spots. It gets to the point where other people are parking in fire lanes. This was also brought to the managements attention, but nothing has been done.

I work late nights and do not feel comfortable parking 5 minutes away from my apartment, walking through a poorly lit courtyard when the gate is suppose to be closed every night but isn't. We've paid our rent on time and have fulfilled our contractual agreements so far (60 day written notice of leave, etc), but we do not feel that we should pay our termination fee. Also, we signed a SureDeposit and I'm not quite sure what that entails, but it covers some of it...right?

TL;DR Complex isn't doing their job and we think we shouldn't pay them because they haven't. There are other examples, but thought I'd share the main concerns. Thanks!

Answer 1

I am not a lawyer but, in my opinion, the lease is binding. Nothing you noted here warrants breaking of the lease.



To touch some of your issues, if there are gates and they are functional (which you indicate they are since when closed you need to enter the codes) the property management is doing their part. They have no control if someone fails to close the gates.



Similarly, unless the parking spaces are specifically assigned to specific units, anyone can park where they want. (As for parking in the fire lane, call the fire department, That is a fire violation.) Again, not the responsibility of the management.



Unfortunate but the problem is with other tenants, not the management so you're still on the hook for the lease.

Answer 2

Personally I think you have a case. Fact is it is supposed to be gated and for safety reason you should be able to park in front of your own place PER THE LEASE. You mentioned this and nothing happened. Now take pics of the violators to cover yourself and next sorry but being the @hole I am I would not park a few blocks away but would block their cars in and wait for the cops or management to be called just to make my point with management and the neighbors that let this thing happen. But that is me, best of luck in whatever YOU decide to do

Answer 3

How you "feel" is irrelevant. You can not just unilaterally decide not to pay what you agreed to in your lease. If you feel you have a case against the complex, take them to court and sue for damages....oh wait....you have no damages.

Answer 4

You cannot break a lease without penalty. Ever.

Answer 5

HaHaHa!! You must be young... You signed a CONTRACT.. A LEGAL, BINDING CONTRACT! Just because you decided you want the gate closed means NOTHING! A contract is a contract. DUH