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thebetterhalf18 · Apr 6, 2012, 06:40 AM

Breaking a lease due to disrespectful roommates.

I agreed to move into a duplex with two "friends" at the time. Thinking that it was going to be easy, relaxing and fun. Unfortunately it has been the most stressful situation I have ever been in. Turns out that they are very disrespectful and I now want out of this situation and I want out of the lease.

I moved in with them this past August and only have four more months of rent due, but they have made my life miserable and I need out. They don't clean, they are very loud, they have parties almost every night of the week and I work two jobs and need my sleep. I have talked to the roommates repeatedly about them having people over during the week and they do not care. The guy roommate is the worst, if I confront him about the issue, he is unwilling to talk about it or he threatens me or just plain old ignores me. Pretty much my roomates goals in life is to work and go home and get drunk and it is affecting me and my work. I have had to call out of work before due to a party they had during the week and me getting absolutely no sleep. I have even tried getting someone to take over my lease and the roommates would not let me saying "no one else is allowed to live in this house, and I am not allowed to show the house to ANYONE" At this point I don't know what to do. I have brought this issue to the landlords a bunch of times and they tell me I have to talk to my roommates. (which I have done numerous of times and it has gotten no where)

Does anyone have advice for me? The lease that I signed does not state how much each individual owes per month, it just has the sum of the payment. Can I get in trouble or sued if the lease doesn't state the individual payments, also the lease doesn't say anything about what will happen if I break the lease.

I know there is probably not much I can do at this point, but when it starts affecting my work. Work is more important to me then my roommates and landlords so I need advice ASAP!

keithbarlow · Apr 8, 2012, 11:28 AM

I would send your room mates a formal notice that the conditions are inhabitable. Put them on notice and start looking for a new place. If they sue you for damages then I suppose you can argue that the apt was inhabitable and you attempting to mitigate their damages.

Fr_Chuck · Apr 8, 2012, 11:54 AM

If you move out, the room mates may sue you for your share of the rent.
How many times have you called the police for disturbing the piece if they party too loud?

Did you sue room mate or mates for money from money lost when you could not work, a law suit for money may get their attention.

Next of course you can have someone take your place on the lease unless the lease says you can not. Who cares what they say, it is what the lease says.

ScottGem · Apr 8, 2012, 12:25 PM

First, ANY question on law needs to include your general locale as laws vary by area. Second, who is your lease with? Is it with one or both the other roommates or have all of you signed with the owners of the duplex? This is important in terms of how you handle this.

While I don't disagree with the advice you have already been given (though claiming disrespect making an inhabitable condition is a stretch), we need more info to help you deal with this specific situation.

ballengerb1 · Apr 8, 2012, 01:07 PM

Who all signed the lease? The LL will not sue you if you walk away because he will still go after full rent from the other two. The roomates could sue you for not fulfilling your obligation to THEM. Who paid the security deposit?

thebetterhalf18 · Apr 9, 2012, 05:05 AM

We all paid a portion of the Security deposit. I only have four more months until the lease is up, which sounds silly that I would leave, but It's too stressful of a situation and once it affected my job the past two weeks I have decided to move out. I don't think the roommates would sue me because they would be paying more money then what I would owe.

AK lawyer · Apr 9, 2012, 05:17 AM

Originally Posted by thebetterhalf18

... The lease that I signed does not state how much each individual owes per month, it just has the sum of the payment. Can I get in trouble or sued if the lease doesn't state the individual payments, also the lease doesn't say anything about what will happen if I break the lease. ...

It appears that all of you (you and your roommates) signed the lease. Thus all of you are obligated to the landlord for the full amount of the monthly lease payments, "jointly and severally". This means that, if for example you move out and stop making payment of a portion of the rent, and if the roommates fail to pay your share, the landlord could sue you for the difference. LL could also declare the lease breached ("broken"), and sue for the remaining monthly payments. He would get a judgment against all of you, jointly and severally.

Or, if after you leave, the roommates somehow stop making rent payments on time, or otherwiise breach the lease, LL could again sue all of you.

The problems you are having with the roommates is, legally, of no concern to the LL. It doesn't matter and the judge won't care.

thebetterhalf18 · Apr 9, 2012, 05:27 AM

Also, all three of our names are on the lease, but on the lease it does not state how much we pay individually, it just states the sum of what is due for every month. I have tried to have someone take over my lease, but the male roommate forbidded it. He told me that "no one was allowed to look at this house" He was not willing to help what so ever. I have not called the cops on them although I should have many times. I just didn't want even more problems then there already was. I have even brought this problem to the landlords many times and they tell me to just "talk" with my roommates, which I have many times and still no changes.

@Scottgem-The only specific reason is that they have no respect for the fact that I live there, especially the male roommate. He does whatever he pleases, he has even put me in jeapordy of not getting my security deposit back because of the mess in the lawn and on the deck from beer cans and trash that he has not cleaned up from his parties and I refuse to clean up after a 26 year old male. I guess the real concern I have if I break the lease, is that I won't be able to get another apartment due to me not paying the next couple of months.

@Fr_Chuck- It does not saying anything on the lease about me not being able to find anyone to take the lease over it also doesn't say anything on the lease if I were to break it.

@Keithbarlow- I have decided to take as many pictures of my room and the apartment as possible and date them so that way I have evidence of no damage that was caused by me.

ScottGem · Apr 9, 2012, 05:45 AM

Ok the fact that only the total rent is listed on the lease reinforces what AK said about the three of you being jointly and severally responsible for the rent.

The fact that your problem is with your roommates and not the landlord means that he can go after all of you if rent is not paid. It means you have no breach of the lease, therefore no justification for moving out early.

As to getting another apartment, don't move until you do. If the landlord sues you for unpaid rental, then you, in turn, sue the roommates for creating an uninhabitable condition and for their share of the unpaid rental.