Legal Question in Landlord & Tenant Law in Alaska

I have been renting a duplex for about seven months now and haven't really had any issues. Recently, however, I realized first-hand the rate of crime that has been going on in my neighborhood. Last week there was a police officer shot two blocks away, a church was broken into and vandalized, my car and my neighbor's car were both broken into and personal property stolen, and numerous other crimes of a similiar nature.

I called my landlord to explain to her that my wife and I no longer feel safe living here and asked her if she could end our lease early and replace us with new tenents. She got into a legal arguement with me about how I signed a binding document that forces me to stay there, etc, etc, etc...

I looked through my lease a few times and the only thing dealing with shortening a tenent's term is this:

"If the Tenant moves out, or is eveicted, prior to 6 months residency, a rerent levy will be charged to the Tenant of either the remainder of lease term, or unti lthe property owner can secure new occupants. Property owner will make every reasonable effort to locate new tenants as soon as possible."

So my question is, since I've been living here for 7 months on a 12 month lease, would I be safe to give my 30 day notice and move out without any legal consequences? From what I understand in the clause above, as long as I reach 6 months of the 12, I won't be held responsible for maintaining the rent while she looks for new tenants.

Thank your for your time,

-Sam


Asked on 6/14/10, 2:26 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

Normally, if you move out before the expiration of a 12 month lease you are obligated for the remaining term of the lease. But the clause you quote makes one wonder: why "prior to 6 months residency"? I'd have to look at the entire lease to see if early termination is possible.

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Answered on 6/22/10, 9:53 pm


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