Should I worry about small claims court for ending lease early

[karajack48]

My roommate and I have been living in an apartment that has been a nightmare from the day we moved in. We finally had a code enforcer look at the apartment and there were several problems with the apartment. When our landlord received the letter from the code enforcer she proceeded to call us 20 times in a twelve hour period telling us that we were vicious, vindictive, breaking her in every imaginable way. I received one call at 3:53 am with her crying and yelling at me. She has called us names, cornered me as I was walking to my car etc... We sent her a letter telling her that we are vacating the premises, that she can have the last months rent that we have already paid. We told her we are unwilling to pay the last two months rent because she was harassing us to the point where we are not comfortable in our home. We received five phone calls in an hour and a half less than a week ago and it is just a horrible situation, we no longer feel safe in. Should we worry about her taking us to small claims court for the last two months rent? We have documented everything and have on tape all the messages with the date and time in the recordings, as well as our phone log. Any info? Thanks.

[elklaw]

Depends on her. I doubt she can afford to take you to court if she has to fix things. But she may give you notice to vacate if the lease allows for that to happen. She may need to do that to do repairs. If she does, maybe it is best if you leave, or give notice and leave if your lease allows for it.