Hello,

My roommate is my landlord (she owns the house) and basically we get along well. However, on several occasions one of her dogs vomited profoundly in the house and I cleaned it up because she either wasn't there or as she put it, it was on my side of the house. The other day her dog rolled in and since my roommate had to leave for work she just put her back into the house. When I walked into the kitchen to make myself breakfast I almost vomited myself. I find the smell disgusting and the situation very unsanitary. My question is if I say something to her and she starts to be unreasonable about it could I break the lease under condition of unsanitary living conditions? (Of course I would give her a 60 day written notice).

With a 60 day written notice of your intent to leave, I cannot see how she can stop you from moving out. If she took you to court, make sure that you have documented - pictures, witnesses, etc. of the unsanitary conditions. A picture is worth a thousand words.

Did you have a written lease with her? Or was this all verbal? She has responsibilities as the landlord but you need to proof - terms of the agreement are covered in a lease.

Good luck.

Hello asd:

I think you actually CAN'T do that.

In my view, the conditions you describe fall under a habitability issue. Each landlord in every state is required to provide premises that are habitable. I think, the conditions you are living in make the residence un-inhabitable, and I think you agree. We're just using different language.

Therefore, if it's un-inhabitable, how are you going to explain to a judge that you lived there for another 60 days?? You can't. Giving notice and staying for 60 days will be self defeating.

I would write a letter to the landlord. Send it certified, return receipt requested. Yes, you can also hand her a copy. Tell her about the Warranty of Habitability you've learnd of, and that she must correct these conditions immediately, or you'll move immediately, and sue her for your moving expenses. (You won't win your moving expenses, but it doesn't hurt to threaten.)

If she doesn't fix it, move. If she sues you, you have your ducks all lined up. Let's just hope the judge isn't a dog owner.

excon

Of course this is what makes America Great, I will disagree with everyone else.

The landlord had the dog at the time you moved in, you new you were sharing a home with another person and a dog ( it is not like you have your own private house or apartment) You are sharing a living space.

A dog uses the bathroom sometimes in the home, and sometimes gets sick, that is what dogs do. If they are at work, or gone, they are not there to clean it up.

Since you were aware of this issue or should have been aware since there was a dog there. I don't see this as any grounds at all.

But of course you can move according to the terms and conditions of your rental or lease agreement.

Fr Chuck has a great point about the dogs - since this woman was your friend, you must have known about the dogs. You can say you did not know the dogs would get sick in the house - but anyone who has had a dog can tell you dogs get sick and they just go where they are.

Which does not mean you are the designated clean-up guy - but would you leave that there for the dogs to roll around in, or eat (yes, dogs eat their own vomit)? You seem nicer than that.

Hope you have approached your friend/landlord about this already. Tactfully, yet with all honesty in why you need to move. If she asks when all this was going on, hope you have dates and times (and pictures) available. That way she has the responsibility to remedy this. Good luck.

Ok, a sick dog in the house would make me want to move also,
But yes I am a dog lover ( esp if the dog is outside)

I had one dog in the house ( all hardwood floor) who was my best friend for a while. But yes, often a dog person, like this landlord, may well see the dog more important than a renter.

I would say do you have any sort of rental agreement, what are the duties, where are the areas ? Does the dog go into your private areas, if so why and how.

Quote:

---

Originally Posted by asd12

Hello,

My roommate is my landlord (she owns the house) and basically we get along well. However, on several occasions one of her dogs vomited profoundly in the house and I cleaned it up because she either wasn't there or as she put it, it was on my side of the house. The other day her dog rolled in and since my roommate had to leave for work she just put her back into the house. When I walked into the kitchen to make myself breakfast I almost vomited myself. I find the smell disgusting and the situation very unsanitary. My question is if I say something to her and she starts to be unreasonable about it could I break the lease under condition of unsanitary living conditions? (Of course I would give her a 60 day written notice).

---

Obviously you are not a DOG LOVER... wait until you have KIDS... you wet one of your landlord's towels and wipe up the vomit and then alert her that the dog obviously is getting into something... probably the trash.

Get a MickeyDs on the way to work.

First, knowing the roommate has dogs and knowing it has a stomach problem are two different things. However to really answer your question you need to supply info you left out. Like are you under a written lease? If so, how long have you lived there and when does the lease expire? You say "one of her dogs". Does she have more than one? Is it only one dog that causes the problem? Did you know your roommate before you moved in?

What bothers me most about this is the cavalier attitude of "as she put it, it was on my side of the house". Can you block off your side of the house?

If its one specific dog causing this, then that dog may be sick and she may be guilty of animal cruelty by not treating it. You might consider contacting the local ASPCA.

My point is there are a number of different avenues one can take to deal with this issue. There are also a number of factors that have been left unsaid, that bear on this issue.