Can I get out of my lease because of high crime in my area?

No. As a general rule, landlords have no duty to protect their tenants from the criminal acts of third persons. Thomas v. Hart Realty, Inc. (1984), 17 Ohio App. 3d 83, 86, 477 N.E.2d 668; Sciascia v. Riverpark Apts. (1981), 3 Ohio App. 3d 164, 166, 444 N.E.2d 40; Johnson v. Monroe Realty Co., 1995 Ohio App. LEXIS 2138 (May 25, 1995), Cuyahoga App. No. 67964, unreported. So if your apartment or car gets broken into three times every month, unfortunately for the tenant, this will not serve as a basis for getting out of the lease.

However, if the landlord put the criminals where they are (by renting to them) and you can show the court that those same persons are causing the problems, you can argue that the landlord's failure to evict these persons (after you have complained in writing about them) has interrupted your quiet enjoyment of the premises.

These problems are best solved before move in. Why should you only inspect the apartment and not the neighborhood before you sign the lease? Why not walk around the block a few times on a few different occasions? Do you feel safe? Do you see a lot of people standing around during the middle of the day in the middle of the week with nothing to do? Perhaps you could call the police department and ask them how they would rate the area you are thinking of moving into as far as crime goes.

Renter's Insurance might help out as well, but you should video tape your apartment so that there is no doubt that you once owned what was taken when you file a report.

For more information on getting out of a lease, consult our lease kit.

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