[baylorbear]

Roommate legal rights

[AK lawyer]

This is not a search engine. It is a forum with live people attempting to answer questions. Therefore please tell us your problem and ask a question.

[excon]

Hello b:

Landlord/tenant law does not cover problems between roommates. He has the right to own a dog, just like you have the right to own a cat, or a snake, or a fish. It's no different than roommates who can't decide who washes the dishes...

If the problem is SOOO bad, one of the roommates could move out, thereby causing the OTHER roommate real problems... Consequently, it's in BOTH of your interests to decide who washes the dishes... I mean WHO brings a pet into the home.

excon

[baylorbear]

Several attempts to compromise.. requested keep dog in separate room which has different air supply and or outside.. refused.. finally offered to try to find another roommate to take over my lease.. getting sick again.. pneumonia.. bronchitis for 3x in 3mon since dog.. can I be released from lease.. any options appreciated.thank you

[excon]

can i be released from lease..

Hello again, b:

The lease is NOT with your roommate. It's with your landlord. I can't imagine he'd release you, but that's the guy you need to ask.

I don't understand your position... The dog is making you sick. You CAN'T stay under the present conditions. Consequently, you must make it clear to your roommate that you will VACATE the residence causing you BOTH severe legal problems, unless he gets rid of the dog.

If he doesn't, then he doesn't... What's better? Getting SICK, or getting SUED by your landlord... I know which one I'd choose.

excon

[baylorbear]

2yr lease.. landlord wants to stay out of it of course.. daughter trying to be nice even if killing her... as a mother checking options.. trying hard to do right thing.. she makes no big money nor I or would be in court.. how should I proceed

[excon]

how should i proceed

Hello again, b:

How do you proceed to do WHAT?? Talk to your roommate?? Talk to the landlord? Move?? Do nothing and stay put? Those are your only options. None of them are hard to do. Pick one. Maybe two.

excon

[ScottGem]

It really would help use help you if you present the true facts here. As far as I can tell, you are asking for your daughter (though you ask about your rights) who is somewhere in a 2 yr lease (would help to know how far) and her roommate got a dog despite a verbal agreement (nothing in the lease) to not get one. And this is causing your daughter health problems.

Some additional info that is needed here is whether both roommates are on the lease. Whether your daughter can produce a doctor's note that she is suffering from an allergic reaction and that she knew she was allergic. Also ANY question on law needs to include your general locale as laws vary by area.

[Fr_Chuck]

The rules of the lease define it, there is not normally any release due to health problems. Unless there is specific rules against a pet in the lease, they can have a pet and there is nothing you can do about it.

If a person is sharing a house, why would they lease if they did not have a no pet clause added if they have such a serious allergy.

The only choice would be to document it, with doctor visits and written proof that it is a danger to their health and then move, let the landlord sue you, and try to defend, you will not know if you will win or lose till you do that.

[baylorbear]

More info as requested. My daughter is recent graduate from college.. age 25.. signed 2yr lease approx. 3-4 mon. ago with two identical twin sisters approx same age met at church.. Landlord is a college professor also same church.. My daughter did not stipulate on lease no pets but told them verbally.. she has been in college with several roommates and is very happy go lucky and honest unfortunately that does not prepare you for life and she always thinks the best of people.. Once they moved in girl got dog despite my daughters objection due to being allergic.. I do have allergy testing report age 10.. most recent trip to doctor was told sick because of dog.. dog should be removed or outside and house thoroughly cleaned several times.. Daughter once again told both roommates and tried to start cleaning house but would come home and dog in house.. She did then speak to Landlord who first suggested to keep dog in attached den and offered $200 to complete fence roommates not doing he wants to stay out of it.. Last conversation daughter told Landlord she would need to move he offered to pay for her allergy med.. that will not help.not sure he gets medical issue.. Waco, TX. Most recently daughter told roommates she would have to move if found someone to take over lease.. I have encouraged her to advertise as in her roommates are not.. she once again being nice trying to let them pick someone.. Trying to spare you the drama but appreciate your help.. Thanks again

[ScottGem]

She needs to send the landlord a letter stating that the dog represents a danger to her health. She has tried to compromise but since she has not gotten any cooperation she is forced to consider the lease in breach and this letter constitutes 30 days notice of her intent to move out. Send copies to the roommates. Then find a new place and make sure it has a no pets policy tat is stated in the lease.

[baylorbear]

Recently learned she has someone considering taking over her lease.. mutual friend her and roommates which would be good. Do roommates have to approve as long as landlord approves of potential new roommate? To best protect self in future add no pets on lease and can you stipulate things like no smoking? Is the lease the best way to have written roommate rules for future reference.. Appreciate your wisdom

[ScottGem]

The terms of the lease will determine of the roommates have to approve a replacement. But generally, if the landlord approves it should be OK.

And yes a lease is the contract between landlord and tenant. It spells out what each can and can't do.

[baylorbear]

Thanks once again so in future is a separate signed document in addition to lease best way to protect against other issues which could equally be a concern with roommates.. appreciate your expert advise

[baylorbear]

Daughter trying to sublease... roommate rude to potential people so doubtful... 7 mon remaining on lease (thought she signed 2yr like her roommates did but thankfully she signed only 1 yr).. She did give landlord 30 day notice due to health as well as roommates.. She will be making around $1000 a month plus place to stay as intern starting Jan 15th for approx 6 mon in hopes of better future job.. so it would be difficult to continue paying $475 mon.. no savings or other income.. what are the chances she would be sued ? Would that hurt her credit ?

[excon]

what are the chances she would be sued ? Would that hurt her credit ?

Hello again, b:

I'd say the chances are pretty good... She has TWO defenses to a law suit that will stand her in good stead... (1) She had an agreement about no dogs, and (2) she made a reasonable attempt to find a replacement... I'd say she has a 50/50 shot at winning... A judgment WILL hurt her credit rating.

excon