Fearing for our lives, the landlord still wont let us out.

[Price138]

Our lives are in danger by the recently moved in next door nieghboor "gangsters" who have been constantly threatening us and some of neighbor friends. Including shooting at our neighbors from a car and breaking the windows of both of our cars, but not stealing anything.
And also trying to break into our apartment (our doorknob was looser than can be acheived with just opening it, someone was trying to undo it).

We brought this up to the landlords after we filed a police report and asked for more patrol. Since we dont have any "hard evidence" against the gang, we cannot prosecute.
So this is still going on.

So we wanted to move. We politely asked our landlords if there was anyway we could give a 15 day notice, seeing as if we wait 30 days, we dont know what could happen.

They said they will see but later that night we got a note that it is a no can do, only 30 day notice.

We also asked them for a parking spot in the building so we wouldnt have to walk by these kids, and they wouldnt have easy access to our car (we park on the street) but they couldnt do it.

Now our lives are in danger, I do not want to wait until one of us gets stabbed or shot by these kids.

We have no other choice to move.
But I cannot find anything on breaking the lease because of endangerment.
The closest I can find is a Constructive Eviction.

I do believe they arent doing enough to keep us safe, if they could stalk us and get to our apartment with only a gate in their way.
Now, this neighborhood was not like this before 3 weeks ago, when these events started happening.


What I want to know is, am I right for moving out ASAP when I feel waiting 30 days may be unsafe?
Or is the landlord right for keeping us here in harm's way?

 

[NYClex]

I sympathize with your situation. But legally this is not easy. If your contract says 30 days, then it is 30 days. It will be tough to argue otherwise, though it might be possible.

But let me phrase it this way: Is the difference of 15 days worth the trouble of a lawsuit or similar problems?

Nobody can force you to stay in the apartment any longer than you want. You can move out right away. You only have to pay the rent for the next 30 days, but you are prepared to pay for 15 days anyway. So the price for safety is 15 days' rent.

Now, either you pay the full rent and then want to sue the landlord for the 15 days, or you only pay for 15 days and he will sue you. Is that really worth it?

Legally, in such a lawsuityou would have to show that it was impossible for you to stay in the apartment. You could try to prove that the landlord did not provide adequate security or that third party influences destroyed the purpose of living there. Both will not be easy and requires a lot of evidence collection and a lawyer to argue. Again the question: is that worth the 15 days rent?

Only you can answer that.

 

[Cvillecpm]

The police always tell tenants to move - they don't say that to homeowners though so if you want to move because you don't feel safe, you need to do so with the "blessing" of your landlord and by the guidelines your landlord outlines.

Frankly, a 30 day notice is more than unreasonable.

 

[Cvillecpm]

Sorry - 30 day notice is more than REASONABLE. Give the notice and live with friends and family if you don't want to pay double rent.