‘It’s dangerous’: Woman wants out of lease due to neighborhood crime

CHARLOTTE — Some Charlotte renters want out of their leases because of frequent crime in their area, but Action 9 Attorney Jason Stoogenke says it’s easier said than done.

Security video shows two men come up to Tuwana Wiggins’ door, one with a mask and gun, seeing if someone would open.

Meanwhile, she says she was inside, just feet away, watching the scene unfold live, calling 911, and pointing her own gun at the door, waiting.

“If someone tries to [inaudible] my door, I’m going to shoot. I’m letting you know that now. I’m not going to let nobody come in here on me,” she told the dispatcher.

“Ma’am, you do as you feel safest doing,” the dispatcher replied.

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Wiggins said all she could do was pray.

“I asked God, ‘Please don’t let me have to use this weapon tonight,’” she said.

The men never came in, but the next night, there was a fight in her breezeway. A woman came back with a gun, and moments later, you hear what sounds like a gunshot. Wiggins believes no one was hurt, but she had had enough.

“It’s dangerous. It’s dangerous here,” she said. “It’s just been over and over and over and nonstop.”

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The company that owns Wiggins’ complex — The Hub on Harris — wouldn’t discuss her case with Action 9, citing privacy reasons. In an email, the company said renters can’t break their lease, even because of crime. If they do, they’re still responsible for the full amount, but they say tenants can ask and see what the leasing office says.

For Wiggins, her leasing company said no.

No matter where you rent, Stoogenke says safety and security are different issues.

SAFETY:

- A landlord has to keep the common areas safe.

- We’re talking about broken walkways, loose railings, missing stairs, things like that.

SECURITY:

- Landlords aren’t responsible for crime that happens off their property.

- But the landlord does owes you ‘some’ duty keep the property secure.

- That usually means things like working locks on doors.

- It doesn’t necessarily mean security cameras, gates, or guards.

- It’s perfectly fair to ask your landlord to make security improvements.

- If another renter is the one committing the crime, the landlord may claim the tenant is violating the lease and try to evict that person, but the other renter has rights too and may fight the eviction.

IF YOU WANT OUT:

- You can always ask out of your lease, but the landlord doesn’t have to say yes.

- You can break your lease — no one can force you to stay —but you have to weigh the cost, both your money and time. That said, the law says landlords have to make a “reasonable” effort to find a replacement if you leave before your lease is up. Charlotte is a competitive housing market so it may not be hard for them to find another renter to fill your place, but you may not want to rely on that.

- You may want to research crime statistics before you sign a lease.

APARTMENT RESPONSES:

EMAIL 1:

Our company manages multiple communities throughout the country. Each community is its own business and operates as such, including different income guidelines, as part of the Low Income Housing Tax Credit program. We’re happy to assist any resident who wishes to relocate to another community that we manage. They simply need to apply at the desired community to begin that process. We cannot guarantee application approval simply because they currently reside in another community we manage. Again, that is due to potentially different LIHTC guidelines, possible changes in household composition, etc. With regard to claims of crime, we welcome and request police patrol and any reports filed for incidents within our communities. We support and cooperate with law enforcement officials and hope to continue to grow that partnership. We take pride in our communities and operate professionally. We welcome open feedback from any resident and address concerns if we’re made aware.

EMAIL 2:

Again, without discussing specific circumstances of one resident, I can provide you some broad information below. Also, these are affordable housing communities – meaning there are government regulations that dictate our policies/procedures – so something that may seem simple, such as transferring to a new community, may not be due to those regulations. We do not have a lease break clause. This means all residents are responsible for the full term of their lease agreement. Moving to another community, even one in which we manage, would not be considered a “transfer.” It would be moving out of one community and moving into another. They are individual businesses. Funds cannot be comingled, LIHTC documents cannot be “transferred,” etc. If a resident wishes to discuss their specific circumstances and lease dates, any of our employees are happy to assist.

VIDEO: ‘I can’t deal with this’: Renters want out of lease because of neighborhood crime