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callie35 · Jan 12, 2009, 06:47 PM

My roommate is also my landlord. She owns a condo and I rent a room from her. Since I've moved in (November 10th) I've had problems with her. After a week of living there I knew I wanted out. I asked her to amend the lease since it's only been a week and her response was, "sweetie i'm not letting you out of this lease." She did say I could find a sublettor, but when I found one she liked she took forever to call them back, etc. and by that time they have found another place (I don't blame them).

Anyway, two days before Thanksgiving 2008, she texted me and said that her boyfriend was going to stay with us for a few weeks as he couldn't move into his new place until the first week of December. Well... it's now January 12th and he has not moved out. I've slept here less nights than he has. He is always here. They dominate the place (which she has already made it clear this is her place, not mine), and he is home when I get home from work (she's not there).

I'm more than frustrated as I did not sign up to live with two people and she has not either asked or informed me of him staying longer than a week or so. When discussing having a sublettor, she told me to post on Craigslist that it'll only go through March 31st (my lease goes through June) as her boyfriend was "officially" moving in sometime during April, or they could stay longer as long as they are okay with living with her and him. First of all, she is giving more consideration to a sublettor than she is me. Secondly, she has now informed me that her and her boyfriend want someone there longer, so I need to change the post to a year lease (which once again is past the terms of my lease and I'm not responsible for).

I'm fed up with her and him. As my roommate she cannot let someone else live there without notifying the landlord... however she is the landlord, so what rights do I have when my roommate is my landlord and in this situation where I have not been informed or asked of him being there 24/7.

Also extra info: she has not fully repaired holes in bedroom wall, doesn't give me 24 notice when she needs to get into there to fix those holes (then the repair man never shows up so I have to leave my door open several days in a row), and I often find the doors unlocked (her boyfriend, not her). Also, I get woken up at 3:00am to them fighting, or kept up because I can hear everything they saw through the bedrooms. Let's just say no quiet-enjoyment.

I want and need out desperately... I'll take any advice or help you can provide.
Thank you! :)

Str8stack71 · Jan 12, 2009, 06:52 PM

What does the lease say about you leaving early? What are the consequences of it?

callie35 · Jan 12, 2009, 06:57 PM

It says, "even if a tenant moves out, tenant will be responsible for paying the charges specified in paragraphs four and five (which are about rent and utilities) of this lease throughout the term of this lease. landlord acknowledges however that Tenant may terminated this lease as provided in paragraph three (rental period) upon two months written notice given in accordance with parapgraph fifteen (about notice being given through certified mail). landlord does not ahve any duty to renew this lease.

I'm confused about this too: Rental Period: "the tenant rents the property for the term commencing on the ___ day of ______ and terminating on ______, _____ provided however that tenant may terminate this lease by written notice to landlord given at least fifteen days prior to the effective date of termination.

Thank you, thank you! :)

Str8stack71 · Jan 12, 2009, 07:04 PM

From what you have written, it looks as though you have the right to give her 15 days written notice that you are leaving and it doesn't sound like you owe her a thing... I'm not sure... who wrote this lease?.

callie35 · Jan 12, 2009, 10:37 PM

The lease came from the internet. In another paragraph though it says that the tenant is responsible for the entire duration of the lease. And actually the fifteen days was crossed out and she put in two months (which seemed weird, but we were negotiating different parts of it)... so it's not fifteen days. I've interpreted it that is how many days/months I'd need to tell her if I'm renewing the lease or moving out. Not sure though.

JudyKayTee · Jan 13, 2009, 05:59 PM

Originally Posted by Str8stack71

from what you have written, it looks as though you have the right to give her 15 days written notice that you are leaving and it doesnt sound like you owe her a thing... im not sure.... who wrote this lease???...

No, that's not the legal interpretation. The legal interpretation of "Rental Period: "the tenant rents the property for the term commencing on the ___ day of ______ and terminating on ______, _____ provided however that tenant may terminate this lease by written notice to landlord given at least fifteen days prior to the effective date of termination" is that if the tenant does not want to stay beyond the lease period she has to give 15 days notice before the termination date. It does not cover breaking the lease.

If the roommate/landlord has substantially broken the written terms of the lease, then the tenant can give notice and leave. Verbal agreements outside the written contract - which is what a lease is - are not honored by the Court as all the terms must be within the four sides of the written agreement.

The legal boards on AMHD are very different from some of the other boards where there is no wrong, no right answer. "We" take great pride in our correct answers, questions to the OP's requesting info, research. Not saying we haven't all probably been wrong at one time or another, me included, but the majority of the people on the legal boards have legal experience, legal knowledge, a legal background or research really, really well. If there's a question beyond someone's expertise, people "usually" don't attempt to answer for fear the answer will be wrong and mislead the OP. There is no guessing here.

Just a heads up for future postings.

vt89gtvert · Jan 14, 2009, 08:52 AM

Depening on when you lease is up you might want to just stick it out. But if she is holding you to your end of the deal, then do the same in return. If she is not making repairs you do have the right to pay your rent in escrow. You simply pay the amount to the court, and the court will release the funds once the repairs have been made. I have found when someone wants to be a jerk (Like it sounds like this person is doing), just return the favor. Don't plan on her being your friend, but it might convince her to let you out early.

JudyKayTee · Jan 14, 2009, 08:56 AM

Originally Posted by vt89gtvert

Depening on when you lease is up you might want to just stick it out. But if she is holding you to your end of the deal, then do the same in return. If she is not making repairs you do have the right to pay your rent in escrow. You simply pay the amount to the court, and the court will release the funds once the repairs have been made. I have found when someone wants to be a jerk (Like it sounds like this person is doing), just return the favor. Don't plan on her being your friend, but it might convince her to let you out early.

You can't just pay rent to the Court - there has to be an open Court case and a Court agreement to do this. You can't walk up to the Court Clerk and hand her your rent to hold in escrow.

You CAN send a registered letter and then place the rent in a separate account until repairs are made - or until your landlord or roommate sues you for the past-due rent and attempts to evict you.

vt89gtvert · Jan 14, 2009, 05:34 PM

Originally Posted by JudyKayTee

You can't just pay rent to the Court - there has to be an open Court case and a Court agreement to do this. You can't walk up to the Court Clerk and hand her your rent to hold in escrow.

You CAN send a registered letter and then place the rent in a separate account until repairs are made - or until your landlord or roommate sues you for the past-due rent and attempts to evict you.

This is not a hard task, and the clerk of the court can help you do so. A simple phone call ahead can settle any questions you might have concerning this.

I would recommend against simply placing the money in another account as this will not hold up if she tries to sue you.

JudyKayTee · Jan 14, 2009, 05:37 PM

Originally Posted by vt89gtvert

This is not a hard task, and the clerk of the court can help you do so. A simple phone call ahead can settle any questions you might have concerning this.

I would recommend against simply placing the money in another account as this will not hold up if she tries to sue you.

What State are you in? I have never heard of a simple phone call and then being allowed to place your rent in escrow with the Court. All States are different, of course, and I wonder where this is possible. In NY you need an open Court case or else the Courts will not get involved and will probably tell you they aren't banks.

And, yes, putting the money in a separate account WILL "hold up" in Court if she sues. This is obviously not your experience so, again, what State?

You have to send the registered letter in advance - as I advised, telling the landlord that you are doing this.