I rented a room in a house on 10/15/06 from an internet roommate service.

Since I have moved in (less than 10 days ago) I have received no less than 6 notes from my roommate/landlord, as well as calls on my cell phone and emails concerning 'things she wants to mention that she's noticed'.

I have done my best to be patient and understanding, but have found her to be a generally miserable person with a very controlling nature (to the point of excessive - one of her complaints was that I washed my fork after eating, rather than putting it with the other dishes, which was a waste of soap & water). Twice she has sent me an email (one to my office, which I didn't get until the next morning) while she was sitting in the next room, less than 5 feet from me.

I am generally considered a pretty easy-going person, conscientious about other people's space and feelings, and helpful almost to a fault. So to be nit-picked, especially in such a passive-aggressive way, seems crazy to me.

I suffer from IBS, and the stress of this situation has ascerbated my condition so that staying there has become almost medically detrimental.

I have decided for the sake of my health to move in with family rather than stay in such an unhealthy environment. I originally signed a 6-month lease, and so far have paid the first month's rent and a security deposit.

What are the legal ramifications of this situation? Must I continue to pay rent for the extent of the lease? Or will I just be required to pay through the 30-day's standard notice?

I live in South Carolina.

Generally when one signs a lease one is obligated for the terms of the lease. Practically, however, if they can rent to someone else, that's when your obligation would end. So your best bet is to help find soemone who can take over the space.

The above is true IF the lease permits you sub-letting - or otherwise having someone else take over your responsibility.

Okay, but generally speaking, doesn't the landlord also have to prove that they are making reasonable efforts to rent it after I depart?

I didn't say you should sublet, I said you should help find someone to move in. Whether you sublet or the new person directly rents is dependent on the lease provisions. But even if you can't sub let you can help find another roommate.

Are there any causes for duress in these type of situations?

FYI - I called the Human Relations office of Greenville County with the same question - and this was their answer.

Because I am a roommate in a home, and renting a room not an apartment, the landlord would be hard pressed to be able to prove in court that the room was not occupied after I leave. Typically the court requires proof that no utilities were activated in a unit as proof that the landlord was not able to re-rent an abandoned unit.

After notifying the landlord/roommate that I'm leaving, if she chooses to keep the remainder of this month's rent & security deposit, I should let it go. If I were to pursue reimbursement in court, then the landlord would be able to use that in court against me.

As long as I have not damaged the property beyond usual wear and tear, and have not done anything illegal, it wouldn't be advisable for her to take me to court.

Of course, the ideal situation would be to get my landlord/roommate to put something in writing saying that they accept my notice and will not be pursuing legal reparations.

Thank you all for your answers!

Quote:

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Originally Posted by Melodyharmonius

Okay, but generally speaking, doesn't the landlord also have to prove that they are making reasonable efforts to rent it after i depart?

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I've been landlording since 1993 - and pretty much keep abreast as to my state and some national stuff, but I must say that until I came to this board I've never heard that a landlord has to prove this. It's certain in my state: Landlords do not have to prove this.

If YOU sued the landlord, then his ability to show so may very likely mean something, but as for getting a judgment against you for the amount due on the lease, landlords generally only have to prove that there was a lease for that period and you didn't pay it.

I do not find anything in SC Property and Conveyances laws speaking of this.

Well, I'm going by what the Fair Housing Authority told me. I would like to state that I don't make a habit of breaking leases, nor do I condone it in others.

However, this landlord/roommate was rather extreme and even now (I left my apartment last night) is showing just how wise of a decision I made in moving out when I did.

I'm a bit of a stickler sometimes... but if it were me I'd tend to lean toward what the FHA told me but would also want to ask them to point me to the law or ordinance that confirms it.

Either way, you tend to be on the yukky end of the stick to break the lease.

And I hope nothing I'm saying sounds judgmental. I'm just sharing what I know - not judging you at all. I'm a landlord but human too: I know it's a cruddy situation you're in.

You changed your logo! Go buckeyes :)

You are right - I will probably call the fha back.

She's been pretty adamant about enforcing the lease - in her emails and voice messages (I am not afraid to talk to her - it just seems wise not to get in to a verbal discussion with her and not be able to prove something that was said later, so I'm trying to keep everything neutral and in writing.)

If she spent as much effort looking for a new roommate as she is burning up my phone line, she'd probably find a replacement - but I would pity them.

Hello melody:

If it were me, I wouldn't seek legal advice from bureaucrat. But, that's just me.

excon