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-   -   Landlord is roommate, I want to move out (https://www.askmehelpdesk.com/showthread.php?t=637213)

  • Feb 19, 2012, 07:36 AM
    copywright06
    Landlord is roommate, I want to move out
    My landlord is my roommate. Due to us not getting along and her being verbally abusive I would like to leave. The lease is one sentence and states that I will rent the other bedroom from Aug 1, 2011 to July 31, 2011. The dates in the year are clearly wrong, but I don't think that's enough to void the contract. I have a verbal contract with her to already end the lease early June 1. Also, last fall, she moved her boyfriend in without my permission for 2-3 months. I have another apartment that I can move into now, and I can give her 15 days notice. I just do not want to be stuck paying double rent until June. I have not mentioned moving out even earlier to her, so she may be fine with it. I'm just preparing myself for possible legal action. Thanks
  • Feb 19, 2012, 07:59 AM
    ScottGem
    She is the landlord, She does not need your permission to move her boyfriend in.

    You are obligated to pay until July 31 or until she finds a replacement. However, she would have to sue you to recover.
  • Feb 19, 2012, 12:26 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    She is the landlord, She does not need your permission to move her boyfriend in.

    You are obligated to pay until July 31 or until she finds a replacement. However, she would have to sue you to recover.

    All this is true. But I would pose the question of what constitues a "replacement". Normally, a replacement would be someone to lease an apartment for a period. In OP's situation however, it is not an apartment but a room plus shared space. It is arguable that the boyfriend constitutes such "replacement", because he uses the share space, whether he actually pays her rent.

    Also, in a roommate sutuation such as this, the common (or shared) space is a significant part of the deal. If there is a third person brought into the premises, it is arguable that the landlady has breached the lease.
  • Feb 19, 2012, 12:35 PM
    ScottGem
    The boyfriend moving in appears to have been temporary and he no longer is there. If she moves him back in, that could be considered a replacement.
  • Feb 19, 2012, 01:24 PM
    copywright06
    Thank you for your answers! The boyfriend was temporary, he is now gone. Although I will suggest for him to be a replacement when I leave. I do think that moving a third person into a two bedroom situation constitutes as breaking a two bedroom lease.
  • Feb 19, 2012, 01:27 PM
    AK lawyer
    Quote:

    Originally Posted by copywright06 View Post
    Thank you for your answers! The boyfriend was temporary, he is now gone. Although I will suggest for him to be a replacement when I leave. I do think that moving a third person into a two bedroom situation constitutes as breaking a two bedroom lease.

    It would, but I failed to notice earlier that he is not there anymore. So, in effect, you waived her violation of the lease by failing to object at the time. It prbably cannot be grounds for "breaking" the lease now, after that breach has been remedied (by his moving out).
  • Feb 19, 2012, 02:03 PM
    copywright06
    Unfortunately she did not give me enough time or notice to move out. She told me the day he moved in and that it was temporary and was supposed to last 1-2 weeks, in actuality in took up over 3 months. He's been gone a little over a month now, but I think I should have gotten enough time to look and find somewhere else, even if he has "moved out".

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