You are an attorney when an irate mother call yours office for legal consultation and representation because of an incident that has been occurring at her resident involving hers teenage daughter. The mother tells you that hers daughter is a very psychically developed fourteen years old girl, therefore; she attracts attention form boys living in the complex.

The daughter tells her mother that the thuggish young man who lives in the apartment complex where she lives has been touching her buttock and kissing her face when she goes to school. Angrily, the mother of the teenage girl physically confronts the thuggish young man in the corridor of the building. The young man and the mother argued about the incident with hers daughter, resulting in the police being called to scene.

The man has denied to the police an allegation that he has been having inappropriate sexual contact with the teenage girl. Because the police have had any witness’ testimonies, the man has not been jail for the incident. The thuggish young man has continued living in the apartment complex, and the mother’s daughter has continued reporting to the building manager and to the police that the thuggish young man has continued having inappropriate sexual contact with hers daughter on the property.

The mother of the daughter wants to terminate hers rental lease because of a tenant of the complex has continued having sexually contact with hers teenage daughter. Does the mother have the legal authority to terminate hers lease after the following documentations has been issued to the owner:


· She provides written notice of termination to the owner before the 30th day
· She provides written agreement to owner that she has the occupancy of the unit onto she vacates on the 30th day
· She provides legal documentation of a police’s report that has been file of the incident.
· She provides legal documentation of protective order that has been issued by a judge
· She provides legal documentation from a healthcare provider of emotional stress of hers daughter because of the incident.

 

Please note that this comes from my limited understanding of real estate laws and leases. I am not an attorney.


· She provides written notice of termination to the owner before the 30th day.
<The landlord may attempt to rerent the apartment, most try to, but the mother my still be held to the lease terms until the apartment becomes occupied or the lease comes to its end whichever is first.>


· She provides written agreement to owner that she has the occupancy of the unit onto she vacates on the 30th day
<The landlord does not have to honor it the agreement the resident wrote unless the landlord chooses to do so, again it is dependant on the lease break policies set forth by the landlord.>


· She provides legal documentation of a police’s report that has been file of the incident.
<The police report is exactly that, a report, it does not equal a conviction, even if it did the individual in question could be evicted, that does not alter the lease between the mother and the landlord>


· She provides legal documentation of protective order that has been issued by a judge
<The landlord could see this order and conclude "problem solved." The individual causing the disturbance is not allowed on the property therefore the issue is resolved. Should the problem individual violate the order and is convicted it could be grounds for eviction if the resident is required to follow all state and federal laws (assuming such a clause is in the lease he signed)>


· She provides legal documentation from a healthcare provider of emotional stress of hers daughter because of the incident.
<Not neccessarily relevant, generally the landlord is not required to provide an emotionally healthy environment, unless it is states so in the lease and no landlord would ever put such a clause in the lease.>


It all depends on the policies of the landlord and what provisions are set forth in the lease itself. I know of a landlord that would hold the mother to the terms of the lease, [the landlord's] understanding is that the terms of the lease between the mother and the landlord are not violated in any way. She has no recourse. Even if she surrendered the apartment to the landlord she may still be repsonsible for paying the rent until the apartment is rerented or the lease comes to it's natural end whichever is first. Some landlords have lease break policies in place, giving proper notice and paying a fee then she and her daughter can leave without further penalty.



The mother should talk to the landlord or the "Duly Designated" person to discuss the policies that are set down for leaving a lease early. Be prepared though that she may not get the answer she wants.

 

You gave an excellent response to the question. I am not interested in right or wrong answers. I am only interested an opinion.

 

The daughter is 'psychically' developed? Is that a typo? I only ask because you also used the word physically in a different place, and that you would spell both words correctly, in semantically appropriate places, strikes me as odd.

 

She is expected reasonable safety in a secured building and if the man in question hasn't been proven within reason to have committed the acts, she may not too much of a legal right unless she can prove harm has befallen her daughter? Although that's a pretty fucked up situation that she needs to get proof of and she may not even have to move if he gets convicted the owner would have legal means to terminate the perpetrators lease?

 

I type it wrong. Then I used the spell check wrong, too. I type too fast
Give yours opinion. I do not know why people are particular focus on mine grammar and spelling.

 

Great answer!! For give me people. I am being distracted.

 

Call a lawyer and get a real consult. Then she'll know how she stands legally and what her options for recourse are.

 

This is the Internet man, don't you know? If you don't have 100% perfect spelling and grammar, some dipshit is going to call you out on it so they can feel good about themselves. It's called the Greater Internet Fuckwad Theory, or GIFT.

GIFT= A place to voice an opinion+anonymity= People turning into assholes

My opinion is one based on some ignorance, as I don't know how things like leases work.

So, ok. This is an issue of security. If the mom doesn't feel like her daughter can be safe living in the complex, then she should be able to move without any repercussion IF she gives notice of her decision to move and is able to cite reasons for feeling insecure. If the landlord isn't able to improve the situation (taking measures to increase security in the building like security camera's, or a patrol or something), then the mom can move.

Now, it seems that the mother has taken the necessary and appropriate measures to protect her daughter, and since there are no witnesses to the alleged inappropriate behavior between the man and daughter, I think the best thing would be for the mother to move out. Which is unfortunate, because if the guy is really being a pervert and he gets away with this, the situation isn't going to improve. It'll only be a matter of time before it happens again.

How did this start? Did he just start running up to her, gabbing her butt and kissing her face, or was their flirting going on? I ask because so often in situations like this, some time is spent with the abuser before the abusive behavior starts. If there was any flirting going on, both parties need to understand that boundaries exist. A person over the age of 18 flirting with anyone under the age of 18 is considered inappropriate in this country. For some people, flirting seems to blur those boundaries, and that's when trouble can start.

 

you mentioned that when she goes to school is when he bothers her. I wonder if you can get a camera trap of some kind going. Catch him in the act and her making it very clear that his attentions are unwanted.