Tenants with Sex Offender Neighbor Can Break Lease

Tenants sued landlord to recover security deposit after they moved out of apartment. Tenants had asked landlord for permission to terminate their lease, but landlord refused. Landlord claimed that tenants owed additional rent for six months after breaking their lease. Tenants argued that they had no peace and quiet enjoyment at the apartment after finding out that the tenant next door was a level 3 sex offender. Tenants had three daughters, and level 3 offenders are considered at the highest risk for repeat offenses. The court ruled for tenants. Since landlord was unable to evict the sex offender, tenants would have to remain another six months under unreasonable pressure. Tenants had valid grounds to request early termination of their lease. But the court gave tenants back only $150 of their $450 security deposit.

Knudsen v. Lax: NYLJ, 8/23/07, p. 29, col. 1 (City Ct. Jefferson; Harberson, J)