My question involves landlord-tenant law in the State of: Texas.
My girlfriend lives with two other females and their apartment was broken into last night. The guy who broke in is a friend of her neighbors, who is always at her neighbors apartment but doesn't actually live in the complex. He came in through a window and broke open her bedroom door, then took a laptop, a couple purses, TV speakers, a few watches and some of her lingerie. The man was eventually caught with pockets full of their belongings and his friends said he had done it, he got arrested, no question it wasn't him.
My girlfriend is now terrified to be there. No one was at the apartment when it happened luckily but there's no telling what could've happened if there was. In fear of the man returning for any reason, she wants to move out. I got a copy of her lease agreement and it reads:
EARLY TERMINATION OF CONTRACT: resident acknowledges there is no right to early termination of the contract and resident will not be released from this contract for any reason. However, residents may have rights under Texas law to terminate the housing contract in certain situations involving family violence, sexual assault, or military deployment.
Is there a legal stand I can take with sexual assault since he broke in and took her underwear? He was not charged with that, only burglary of a habitat, but it does state he took her lingerie in the police report.
I was going to ask if the apartments negligence to keep a criminal with warrants out of the gated community was enough to break the lease but it also says in the lease:
Owner neither warrants nor guarantees the safety or security of residents against any criminal activity or wrongful acts of third parties.
Any information is appreciated! Thanks in advance!
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Also my vehicle was towed out of the residence parking lot while I was speaking to the police. It was 2am, dark, couldn't read the signs, and I had never been in the complex before (she just signed the lease) and wasn't aware of the towing policy. I should have been more careful but I was in a rush to get inside due to what happened. Any way the apartment complex reimburses my $270 wrecker fee? :/
My girlfriend lives with two other females and their apartment was broken into last night. The guy who broke in is a friend of her neighbors, who is always at her neighbors apartment but doesn't actually live in the complex. He came in through a window and broke open her bedroom door, then took a laptop, a couple purses, TV speakers, a few watches and some of her lingerie. The man was eventually caught with pockets full of their belongings and his friends said he had done it, he got arrested, no question it wasn't him.
My girlfriend is now terrified to be there. No one was at the apartment when it happened luckily but there's no telling what could've happened if there was. In fear of the man returning for any reason, she wants to move out. I got a copy of her lease agreement and it reads:
EARLY TERMINATION OF CONTRACT: resident acknowledges there is no right to early termination of the contract and resident will not be released from this contract for any reason. However, residents may have rights under Texas law to terminate the housing contract in certain situations involving family violence, sexual assault, or military deployment.
Is there a legal stand I can take with sexual assault since he broke in and took her underwear? He was not charged with that, only burglary of a habitat, but it does state he took her lingerie in the police report.
I was going to ask if the apartments negligence to keep a criminal with warrants out of the gated community was enough to break the lease but it also says in the lease:
Owner neither warrants nor guarantees the safety or security of residents against any criminal activity or wrongful acts of third parties.
Any information is appreciated! Thanks in advance!
- - - Updated - - -
Also my vehicle was towed out of the residence parking lot while I was speaking to the police. It was 2am, dark, couldn't read the signs, and I had never been in the complex before (she just signed the lease) and wasn't aware of the towing policy. I should have been more careful but I was in a rush to get inside due to what happened. Any way the apartment complex reimburses my $270 wrecker fee? :/
Breaking a Lease: Breaking Lease Due to a Break in
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