[shaina001]

If the first page of our lease was never signed does this void the lease?
If I move out what will happen?

[ballengerb1]

Failure to sign all pages of the lease are not going to let you walk away free and clear. Why not tell us all of the details because it sounds like you are seaching for an escape loophole. Based solely of what you have said so far you will be financially responsible for any lost rent to landlord encounters plus his cost in trying to re-rent. If and when he finds a new tenant at the same or higher rent your responsiblility will end, afetr his expenses. You can be sure it will exceed your security deposit.

[shaina001]

My roommate keeps uping my half of the rent that I owe her with various bogus charges that really have nothing to do with the rent and weren't agreed upon at the time of moving in... The lease was never signed properly from day one and neither I nor the apartment complex has a copy of it being signed legaly. Its not a safe environment as my roommate and her extra curricular activities (illegal drug abuse) are a danger to my health and Im not comfortable in the current situation that I am living in... Any suggestions?

[ballengerb1]

So let me understand, you don't have a copy, your roommate doesn't have a copy and the complex does not have a copy? If you are 101% sure this is true then you have no lease.

[shaina001]

Noo we ALL have copys of the lease, just not of it being completely signed because it never was

[ballengerb1]

I guess we are back to your original question and no this is not a loophole that is going to get you out of the lease. However, many states have laws and lease langage that says selling, using or allowing drug usuage is a breach of the lease. Can you turn her in while you are out for the day? What do you think she would do if you sneak your belongings out some afternoon and hit the road?

[shaina001]

Im currently in the process of sneaking out my belongings a little bit at a time and plan on going for the big stuff in one shot while she isn't around. I do think I'll turn her in but I'd rather have my belongings out of the house before I do that

[shaina001]

Would it be legit if I had the cops come for her drug usage while Im moving my stuff out?

[ballengerb1]

Only if you want her to know who called. Soory I can't help more but I need to leave. Hope it all works out for you.

[landlord advocate]

If you and no one else has a copy of the lease, which is hard to believe, then you are on a 30 day month to month lease. If you leave, and then your room mate leaves or causes expenses for the landlord, he is going to come after the person that has the deepest pockets and is the easiest to sue. Is that you? You could end up responsible for all the rent if your roommate has no money or a job that is garnishable.

Landlord's legal responsibility when drugs are used: If the police inform him that illegal drugs are being used in the apartment, he is obligated to post a 3 day eviction notice. If he fails to do so, he can be charged with a misdemeanor. The landlord can not, however, make the decision that the drugs are being used and arbitrarily post the eviction notice. The police must attest to the drugs in the apartment.

There are no easy answers here. If you leave and she does not pay the rent, you will be liable for the rent and damages if she doesn't pay. If you are sure that there is no lease and you are on a 30 day month to month, then you could give a 30 day notice now and move out May first. Had you given notice the end of February, you could have been out the first of April. What a difference a few days make.

Telling the police could end up with you being arrested in error. Telling the landlord isn't going to do any good unless the police get involved. Leaving now could cause you financial hardships. Not an easy choice.