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Home > Law > Real Estate Law   »   Fighting a lawsuit filed from a roommate vs a roommate-both on lease

 
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Old Feb 27, 2008, 10:24 PM
fhcjcr
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Fighting a lawsuit filed from a roommate vs a roommate-both on lease

Both my roommate and I are on the lease; that being said we are both responsible for the entire rent. I am concerned that my roommate is planning on leaving without notice or finding a sublettor via means of a lawsuit. The lease has a Clause in Section 11 stating that members of the apartment must not "create substantial interference with the rights, comfort, safety or enjoyment of the Lessor or other occupants of the same or other apartment, nor make any use whatsoever thereof than as and for a private residence....."
We have been having issues for months with her lack of respect and cleanliness and I have spoken to the landlord several times about our issues. It was discussed in Dec that one of us needed to move out as the arrangement was not working- I gave her the option of which one of us would leave, and she stated a preference in her leaving. I have recieved an email from her which was obviously composed with the help of a lawyer stating that she feels I have violated the clause of the lease and stating she feels 'unsafe' living with me and that I have prevented her enjoyment/comfort/safety by asking her to not use my personal belongings after months of speaking to her about proper cleaning/care of such items. She claims to feel unsafe and threatened and is planning on using a very horrible situation with an ex-bf (the situation did not occur at the apartment, she was not present and did not involve her). There has never been a physical threat made to her, nor any physical harm. A threat to call her co-signer with failure to pay rent was mentioned, however it is impossible that she have any proof of threat/harm. She does, however, have a chronic lying issue and a boyfriend that more or less lives here who will support anything she says. I want her out asap, however in the proper way (via subletting and not a lawsuit after she abandons the property). I too could cite instances where she has provided an uncomfortable/unenjoyable living environment; however this entire situation is BS he said/she said crap.

How do I fight a lawsuit filed upon abandonment of the property if she claims that I have violated her enjoyment/comfort/safety? This is a ridiculous situation and I have heard from my landlord that he recieved a call from another landlord for a reference-yet she has failed to mention she is leaving (and I think she will be walking out in 2 days). She refuses to speak with me minus the boyfriend stating she is not comfortable with being alone with me; which is BS/possible lawyer instructions. Does anyone know exactly how this clause works and parameters surrounding it? If she files against me using that, can i file a cross-suite? PLEASE HELP! She never paid Last months rent or security deposit when she moved in either-it was verbally agreeded she would pay my old roommate (as I resigned the lease with my current roommate) in August and this never happened. Please help.

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