Couple burglarized can't break lease

CHESAPEAKE, Va. (WAVY) - It is a lesson in reading the fine print.

A Chesapeake couple, whose home was burglarized, cannot break their lease, despite safety concerns. State law says the complex is not liable for loss.

"I unlocked the door and it opened up to this," said Ryan Creef, holding the chain lock on the inside of the front door. "Somebody had to actually put this on from the inside."

Creef and his fiancee Christina Niston are sure the door was locked when they left for work last Friday.

"He had first noticed that the TV, our flat screen TV, had been missing," said Niston. "And, I turned to our right, at that door, and the window was actually open about four inches."

A flat screen, laptop, video games and jewelry are among the stolen items, estimated to cost about $3,000.

After filing a police report, the couple went to the property manager to ask about moving to an upstairs apartment or out of the complex altogether.

"What we wanted was peace of mind and reassurance that they were going to do whatever they could to help us to feel secure again," said Niston. "We don't feel comfortable now, sleeping with a knife near our head, wondering who is going to come in next."

Niston says the manager at Adalay Bay apartments would not allow them to break the lease, without paying a large fee. A regional manager told them the same thing.

"He said, 'If we helped you guys, then we would have to do the same thing for everybody,'" said Creef.

Renters can't look to leases for help in the matter. In the fine print, Creef and Niston found the apartment complex is not liable for loss, theft or burglary. And, as long as a landlord provides reasonable security, like working locks, state law does not require them to go any further.

It a clause, this couple didn't worry about, until they became the victims.

"Cover your own rear," said Niston. "Because when situations like this happen, you can't always guarantee others will put out a hand to help you."

A manager at Adalay Bay apartments told WAVY.com any renter can transfer to a different apartment or break a lease if they pay the appropriate fees.

When asked if there was anything she could do to help calm the couple's fears, the manager said she would consult with her superior, before making an official comment.

The only time a landlord can be held responsible for a break in is when an employee is the culprit.

Click here to read the Virginia Residential Landlord and Tenant Act and find resources about renters' rights.