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Thread: any lawyers? need to break a lease..

  1. #1
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    any lawyers? need to break a lease..

    not sure if there are any lawyers here, but worth a try! lol

    my apartment got broken into 2 weeks ago, nothign was taken, filed a police report. 3 days ago on my front door some1 spray painted "HIDE". then 2 days ago some1 tried to break in while i was home and was yelling at the door "LET ME IN, IM GOING TO GET IN!" constantly, at this point i had notified him i had a firearm and intended to use it (which i ended up doing by firing 2 shots at the door and assumed he fled cuz the cops didnt catch anyone).

    my apartment is a gated community, but since i moved in (august 1st so about 6 weeks ago), it has not worked. the gate has been left open the entire time.

    now, is it possible to break my lease if they didnt provide a fully functional gate which is listed on the property description (i will be checking my lease when i get home but im at work right now). i feel its an unsafe enviorment to live in, since the person that is constantly breaking in hasnt been caught yet, and i just dont feel safe living there anymore. what do you think can be done?

  2. #2
    Regular Member 77zach's Avatar
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    Quote Originally Posted by hvtopiwala View Post
    "LET ME IN, IM GOING TO GET IN!"

    Really? Hilarious. I wouldn't shoot unless forced entry is actually being attempted. I assume it was?

    I got out of a lease no problem in Orlando because the neighboring apartment was dealing cocaine on the steps next to my door, and the element it was attracting was not the most..... let's say savory. I explained to the management that I understood that this situation was the fault of the government due to drug prohibition + no open carry in Fl, but that they had a problem they refused to fix. Rather than make it a big issue, they let me out with no penalty and I moved somewhere else.

    Oh, and all the dealing was happening literally in view of the Oviedo Police Department. The dealer, who actually was a nice guy, said the cops were cool with it, and I couldn't care less, but like I said it was the clientele that was unacceptable to me.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    yeah i shot after he cracked the door frame lol...guy is crazy man...

    i actually just got an email back from the apartment complex, they are willing to let me leave without penalty by the end of the month, i just have to let them know in writing by the end of today! lol, gotta find a new apartment quick!

  4. #4
    Campaign Veteran Schlitz's Avatar
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    Why tell someone you have a firearm as they break in? I don't get it? Why help them be more prepared for whats on the other side?
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by Schlitz View Post
    Why tell someone you have a firearm as they break in? I don't get it? Why help them be more prepared for whats on the other side?
    Maybe it was the same reason many of us open carry. The deterrent value. One last chance before you potentially have to take a life. Perhaps mentioning the gun would be enough to make them run away. If not, you are still prepared. I see where you are coming from tactically though.
    "When seconds count between living or dying, the police are only minutes away."

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    Regular Member SFCRetired's Avatar
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    Quote Originally Posted by thebigsd View Post
    Maybe it was the same reason many of us open carry. The deterrent value. One last chance before you potentially have to take a life. Perhaps mentioning the gun would be enough to make them run away. If not, you are still prepared. I see where you are coming from tactically though.
    Good analysis.

    If it's some kid acting stupid, he will probably turn tail and run. If it's a drunk or someone high on drugs, it's a tossup; with some it will sink in and they'll leave, with others, it won't even register with them. If it's a career criminal, he'll take off.

    I would not shoot until the person has actually broken in, though. Shooting through a door, to my mind, leaves the possibility of all kind of negative results. Guess that is a part of the training my uncles instilled in me years ago, "Sonny, if you can't see what you're shooting at, don't shoot." They were talking about hunting, but I think it applies to home defense in this sort of situation.

  7. #7
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by thebigsd View Post
    Maybe it was the same reason many of us open carry. The deterrent value.
    some1 tried to break in while i was home and was yelling at the door "LET ME IN, IM GOING TO GET IN!" constantly
    I think the deterrent value is already lost as they're coming kicking in your door.

    Note: I said why tell them AS they break in? The crime is in progress as he is attempting to break in yelling IM COMIN IN.

    And I agree, don't shoot into a closed door. I wasn't in your shoes that day, but with only verbal threats to enter coming from the other side I don't see where that was a good idea. But hey, I wasn't there, there may be more to the story.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

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    yeah shooting at the door probablay wasnt the smartest idea at the time, i shot low at the bottom door frame just in case, but still not a good idea. (only did it to deter them cuz if there were multiple intruders i wouldnt know if i could take them all down if they are armed).

    i warned him i had a gun because, like said above, i was hoping he would leave. obviously the dumb criminal he was, he didnt until shots were fired (thought i was bluffing probably). and i also wanted to warm them i have a gun and am willing to use it just in case in the small chance its either sum1 playing a prank or something of that nature.

  9. #9
    Founder's Club Member Jojo712's Avatar
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    A gate that doesn't fully function is a breach of contract on their end, if it's in the lease agreement. The fact that the environment has become utterly unsafe and unlivable is a constructive eviction. The latter will allow yoou to break the lease easier than the former. Google constructive eviction and write them a little letter telling them that because of it (describe reasons: unsafe environment, etc.), and because of their breach of contractual obligations (gate), you are forced to leave.

    Send the thing certified to their sunbiz.org registered agent, and then get out of there running.

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