Move Out Due to Break in Children Saftey

My question involves landlord-tenant law in the State of: Alabama

Recently the home we rent was broken into and robbed. I have a 6 year old son a 3 years old son and a 7 month old son. My 6 year old won't sleep in his own room anymore. He worries constantly that it is going to happen again and has become very paranoid. My 3 year old freak out every time i leave the house. My wife had to call me at work one day because he though i had died and i needed to reassure him i would be home. The doors to the house only have one lock "deadbolt". and the new door that was put it in is no different.

We need to move for my kids but i can't afford to be sued specially when there is still 7-8 month left on the lease.

Just trying to see if this could be a reason to be able to legally break a lease. i feel like staying here i would be torturing my children.

I cannot find anything in the Alabama code suggesting that being burgled is a reason to get out of a lease.

Are the kiddies in counseling to help them?

Also when they broke in was the only time that both of our cars have been gone from the house. Im afraid that someone is stalking us and if we happen to both be gone at the same time again it would occur again

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not right now.....it just happened like a week ago i was hoping their fear would pass but it hasn't yet

The vast majority of burglaries do not involve stalking.

It's still very early - their fear is going to remain for awhile. Have you spoken to your landlord about perhaps installing a security system on your own dime?

I just read that filing bankruptcy can break a lease if i reject it on my file?

I'm not sure what you're asking.

Filling for bankruptcy will ruin your credit, the landlord will request an exception from the automatic stay and will likely be granted it - you'll still owe.

PLUS you'll have an eviction on your file.

Being burgled is not sufficient grounds to break your lease contract. It isn't your landlord's fault. Should you break it anyway, your landlord could sue, and most likely would prevail.

Ask yourself this: if you owned a home and you were burgled, would you put it on the market and move? Every time? (I know people who have been burgled more than once.)

Get your kids and yourselves into counseling, and see about taking Doggies suggestion to install a security system. I understand that you feel violated and frightened, but moving isn't really the answer.

we are very low income and can't afford to pay that much for a security system when we can just move to a neighboorhood of all family

Well, you have two choices.

Stay put and finish out your lease.

Move, and end up getting sued.

how could they get around the brankruptcy.......depending on how uf ile i guess

Do you understand how bankruptcy works?

I get the feeling you don't.

You don't file bankruptcy to get out of a lease - filing bankruptcy has serious and LONG TERM consequences. The landlord can, and likely would, file to get the automatic stay lifted. It would be granted. Then he'd evict you. That's on your record. Sure, the debt itself might be discharged - but it still leaves you in a hole.

If i have paid in full the time i have stayed....and at the time the bankruptcy takes place i am no longer living at that property.

Well, your mind is made up.


Good luck with that.

Nice way to screw your landlord, though.

my children are more important than a LL that can find a new tenant in 2 weeks

Okey dokey.

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Quoting thaforseys

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how could they get around the brankruptcy.......depending on how uf ile i guess

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What you're talking about is called a bad faith filing, and it will guarantee that your bankruptcy will be thrown out. So you'll still owe, have trashed credit, a dismissed bankruptcy that will prevent you from filing for 18 months - so if you ACTUALLY need to file, too bad, you're boned - and all that will make it hard to find another place.

Your adamant refusal to be rational is going to be a bigger detriment to your family than the burglary was.

meh i'll talk to my lawyer

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Quoting thaforseys

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meh i'll talk to my lawyer

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I'm sure you will.

Don't lie to us. You don't have one. Otherwise you wouldn't have been here in the first place.

You're welcome.

"meh I'll talk to my lawyer"

Rather amazing how all those low income folks have an attorney on retainer.

Your children are going through a rough time because the incident is traumatic. Things will get better with time. No one is stalking you and no, a break in is not a legal reason for breaking a lease.

Gail

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Quoting gail in georgia

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"meh I'll talk to my lawyer"

Rather amazing how all those low income folks have an attorney on retainer.

Your children are going through a rough time because the incident is traumatic. Things will get better with time. No one is stalking you and no, a break in is not a legal reason for breaking a lease.

Gail

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But ... but Gail ... Aubrey et al don't want to HEAR that! :o

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meh I'll talk to my lawyer

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...and you'll come back this afternoon to tell us that nana-nana-boo-boo, you filed for bankruptcy and already got in front of the judge, and she said we're a bunch of meanie-poopie-heads.

Come on, now. You just fussed about not having any money for a security system, which can be had for a smidge over $200, but now you have an attorney? To do what? Show some strangers on the internet that they're wrong, because you don't like the answers you got?

OK then. You do you.

Look at how expensive these gadgets at Home Depot are.... http://www.homedepot.com/webapp/cata...gry=Search+All

How about a couple water dish, chain in the yard, and a "Beware of Dog" sign?

How about getting to know your neighbors so you all watch out for each other.

You can also get cheap devices that turn lights on and off. Just keep changing the settings.

Another cheap device....leave a few childrens toys on the floor to trip over (Just remember where you put them).

Invest in a set of dark curtains for a bedroom. A sign that says "Please do not disturb - night worker" could give a burglar reason to think someone is home......

Trust us: A bankruptcy on your record is going to affect you getting a new apartment or home. Should you lose your job or your car break down - your credit history is looked at and bankruptcy is a turn off. Same with needing any sort of credit.....oops, refrigerator died, how will you replace it with bad credit? Because you won't be getting any new credit cards or any company to extend credit to you.

It will affect your life for atleast 7 years. Do you really want that for your kids?