I'm trying to break my sublease with my subletter on the grounds that the house itself is too loud. I believe this is a violation on my Right to Quiet Enjoyment and my safety.

When I spoke to this person about the sublease, she claimed that everyone in the home will be quiet and out most of the time because they'll be interning. Sounding good, my girlfriend and I decided to sublet a room in the basement for 3 and 1/2 months (mid-May to the end of August) and signed a subleasing agreement that she made (and she added that her father is a lawyer). However, things have been different than claimed.

Firstly and foremost, the kitchen has constantly received an influx of alcohol and there has been parties held every night until 2-3 AM. Living in the basement, the footsteps of people, the sounds of drinking games, and yelling has given me an environment where it's difficult for me to sleep early. In addition, I've discovered that 2 out of 3 people living on the 1st floor don't even go to school (they graduated). In addition, the only medical school student (the 1 person out of the 3 on the first floor who attends school) was smoking marijuana when I knocked on his door to ask about how to use the internet. My girlfriend has been missing summer school lectures at our university due to lack of sleep and has been in poor mental and physical shape due to fatigue ("breaking out", nausea). In addition, she sometimes cries at night when I'm at work because she feels unsafe with all the drunk people on the 1st floor.

In addition, the basement and the home itself is simply too dirty. When we first visited, we had thought that after cleaning, the basement could be kept clean but somehow dust keeps coming in. The other people living in the home seems to put no effort into cleaning, and the dust is giving me irritations on my skin.

I tried calling my subleaser but she yelled at me saying that she was "hung over", leaving for India in a day, and that I should go find someone to sublease it in my place. She also told me to talk to the landlord and I tried to tell her that sublease is a contract between the subleaser and sublesee but she hung up on me.

I'm confused. Am I allowed to leave the sublet on the grounds that my rights are being violated? In addition, she promised us that the basement floor would be exclusively our portion of the home and that no one would live there, but a random person has moved into another room on the same floor. He uses our belongings without asking when we are out, and all he does is sleep on the couch on the 1st floor and watches TV in the basement room. After questioning my subleaser about this, she said that he is a friend of everyone else in the home and that he is allowed to stay. I believe he does not pay any rent, and my girlfriend feels threatened by him (I don't know why, but she gets upset because he seems strange).

I have documented everyone, such as my skin irritations, their alcohol collection, noise clips, and other various things. Another thing that has caught my eye is that the contract she has made states that I am responsible to the same leasing contract that she signed, but she never showed me a copy of it. In addition, I don't believe she had the contract that she made notarized, and she never returned a copy of it to me (the one that I signed). Lastly, on the contract that she made, she in fact wrote that I'm entitled to "#1", which is the entire first floor and basement rather than simply the basement. She may have made a mistake creating the contract, but if she will take me to a small claims court, could I use this against her?

Thanks for your help!

P.S. I don't have any documented proof of narcotics, but I don't think it's possible for me to ask them for a picture while they're using drugs.

Since you are required to give 30 days notice of vacfating, you may want to try and stick it out. Buit if you don't, give her notice and let her sue you for the balance. I tend to doubt that she will.

I still have 3 months left, and the leasing contract that she made didn't specify anything about 30 days notice of vacating or anything that should happen if I were to terminate my contract early.

Is the 30 days notice of vacating a nationwide rule? If it helps, I'm in Massachusetts.

Not its not, but its pretty standard. There is a sticky note at the top of this forum with links to state tenant laws.

It appears that if you can prove that you were to have the entire basement and they allowed someone else to move in there
** have they allowed that or do you just let them come down there. Do you have a way to secure your part of the house

It appears that if you can prove that you were to have the entire basement and they allowed someone else to move in there
** have they allowed that or do you just let them come down there. Do you have a way to secure your part of the house

There is no way to secure my part of the house. There is just a basement staircase that anyone can take to my portion of the promised house. And nope, everyone else let the guy just move into the basement rooms with us.

I was verbally told that I would have the entire floor, and oddly enough, the subleaser wrote on the written contract itself that I would have the area labelled "#1", which is the entire first floor and basement. Does this technically mean that she gave me the entire first floor and basement since she made this contractual error? So if she wishes to pursue legal action, could I use this against her? Also, does this constitute written proof of my being promised the entire basement?

I don't have written/documented proof of the guy moving in after I moved in, but the subleaser verbally told me over the phone that he moved in just because they liked him and wanted him to.

*THIS IS NOT LEGAL ADVICE*

Personally, with your 'landlord' being as flakey and blatently violating your lease agreement as she is, I would just pack up and leave. Let her sue you. The first stack of paperwork requests she gets from your lawyer will probably be the last you ever hear from her.

*THIS IS NOT LEGAL ADVICE*

I was verbally told that I would have the entire floor, and oddly enough, the subleaser wrote on the written contract itself that I would have the area labelled "#1", which is the entire first floor and basement.

Where is the #1 labeleld area defined? What EXACTLY does the lease say?

But I agree with Steve. You want out, then give notice and leave. I doubt if they will go after you in court.

Where is the #1 labeleld area defined? What EXACTLY does the lease say?

But I agree with Steve. You want out, then give notice and leave. I doubt if they will go after you in court.

Area #1 is the residency of the 1st floor and basement.

#2 is the 2nd floor of the house.

I've quoted my subleasing "agreement," as it was too large to be attached. If she wrote that I'm subleasing #1, does it mean that I have a loophole?


SUBLEASE AGREEMENT

1. Parties: This sublease was entered into this 6th day of May 2009, by and between Subleaser (referred to as “Tenant”) and Sublessee

2. Sublease Period: The Subtenant agrees to lease property located at
[Address] #1, [City], MA, [Zip Code] from May 18, 2009 to September 1, 2009
Tenant and Subtenant mutually agree that the term may commence prior to May 18, 2009, however, it is further agreed to that such premature occupancy may be offset by the termination of this Sublease Agreement prior to September 1, 2009. It is fully understood by and between all parties that such premature occupancy and early termination shall not affect or void any of the terms and conditions of this Sublease Agreement and any other documents referenced herein and incorporated into this Sublease Agreement, to include the rent payment amounts and schedules which are detailed below.

3. Terms of Sublease: The Subtenant agrees to comply with all terms and conditions of the lease entered into by the Tenant, including the prompt payment of all rents. The lease agreement is incorporated into this agreement by reference and attached hereto.

4. Payment Schedule and Amounts: The Subtenant agrees to pay the monthly rent, which is $680.00 per month and which is due to the Landlord in accordance with the dates listed through the payment schedule detailed below.

a. May 2009 Rent: The Subtenant agrees to pay to Landlord the pro-rated sum of $300.00 as payment for the First Month’s rent which is due on or before May 18, 2009.

b. June 2009 Rent: The Subtenant agrees to pay to Landlord the sum of $680.00 as payment for the June 2009 rent which is due on or before June 1, 2009.

c. July 2009 Rent: The Subtenant agrees to pay to Landlord the sum of $680.00 as payment for the July 2009 rent which is due on or before July 2009.

d. August 2009 Rent: The Subtenant agrees to pay to Landlord the sum of $680.00 as payment for the August 2009 rent which is due on or before August 1, 2009.

5. Rent Payments: The Subtenant agrees to pay the pro-rated sum of $300.00 as payment for First Month’s Rent, upon the execution of this Sublease Agreement.

The Subtenant agrees to pay to Landlord the Rent Payments. Rent Payments shall be made payable to [Realty Name] Realty and delivered to [Full Address of Realty] on or before the dates stipulated to above.

6. Utilities: The Subtenant agrees to pay all utility bills (including but limited to gas, electric, heating fuel, telephone and internet services) that are assessed for the term that they reside at the above-mentioned address. The Subtenant further agrees to have all accounts for these utilities transferred to the name(s) of the Subtenant prior to their occupancy of the property to be leased from the Tenant.


Signed:

TENANT

_________________________________________ _______________________
Date


SUBTENANT

_________________________________________ _______________________
Date

LANDLORD

_________________________________________ _______________________
Date

All I see is something called #1. I don't see anything that defines what #1 is.

All I see is something called #1. I don't see anything that defines what #1 is.

That's true. She never presented me with her original leasing agreement too.

The only way I can get an idea of what "#1" constitutes is through the mailboxes outside. #1 apparently serves everyone living on the first floor and basement.

I forgot to add (and I can't find the edit button), but I asked my real estate agent about the contract and his first reaction was that apparently she subleased an entire section of the home rather than rooms to me.

Ok, if there is something identifying what #1 is that's a possibility