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If i have a ghost in my apartment, and my roommate and i are scared and feel threatened can we break the lease to something safe

Columbia, SC |

idk much about the apartment, we werent aware it was haunted.

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Attorney answers 2

Posted

As far as I know, the law has yet to clearly define what constitutes a haunting. What I would do is talk to your landlord, explain yours fears, and see he will let you leave with adequate notice. There also might be something in the lease that provides for the situation where you break the lease early. Read the lease and see if there is a penalty for breaking the lease, and what the penalty is.

Please be advised that this comment should in no way be interpreted as legal advice, nor should one rely on this comment in making a final decision about his or her case. Each case is fact specific and peculiar in its own way. Thus, you should consult with an attorney in-person or over the phone, explaining your particular situation, so that the attorney can render fully effective and competent assistance tailored to your particular situation.

Posted

Dear Tenant with a Ghost:

I am an attorney licensed in New York. I do not practice law in South Carolina (even though I spent a part of one year living at Fort Jackson and so, know Columbia quite well.)

Your landlord may be in breach of the lease, as your lease provided for exclusive occupancy for you during the term of the lease, and sharing with the ghost is not in keeping with the spirit of exclusive possession. The landlord may also be in breach of the express or the implied covenant of quiet enjoyment. Surely renting a possessed dwelling is not in harmony with the covenant of quiet enjoyment. Your landlord may also be in breach of the implied warranty of habitability as a house manifesting an occult event, may not be fit for singular use a residence for a living being.

Confront your fears. Face reality. Who are you going to call to verify the haunting of your house? Perhaps an attorney can negotiate a way for you to be released from your lease obligations.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.