• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

any lawyers? need to break a lease..

hvtopiwala

Regular Member
Joined
Mar 16, 2011
Messages
78
Location
Tampa, FL
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?
 

77zach

Regular Member
Joined
Feb 5, 2007
Messages
2,913
Location
Marion County, FL
"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.
 

hvtopiwala

Regular Member
Joined
Mar 16, 2011
Messages
78
Location
Tampa, FL
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!
 

RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
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?
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
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.
 

SFCRetired

Regular Member
Joined
Oct 29, 2008
Messages
1,764
Location
Montgomery, Alabama, USA
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.
 

RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
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.
 

hvtopiwala

Regular Member
Joined
Mar 16, 2011
Messages
78
Location
Tampa, FL
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.
 

Jojo712

Founder's Club Member
Joined
Apr 9, 2011
Messages
204
Location
Miami, FL
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.
 
Top