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    masonsc3's Avatar
    masonsc3 Posts: 5, Reputation: 1
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    #1

    Dec 28, 2012, 11:48 AM
    Has my landlord breached his contract? Am I allowed to move?
    I live in Maryland, previously in Fruitland. My landlord had contracted myself and 3 others under separate leases (the 4th being brought in a bit later) without notifying us that Fruitland's town ordinance states- no more then three unrelated individual's may live together in a single family home. The house was a 3 bedroom house. He took the master bedroom and put up half walls and rods with curtains to divide it into two living spaces. All of which was shotty workmanship at best. This is only issue number 1.

    Number 2-

    The 4th roommate had brought many illegal drugs into the house and caused a great annoyance to all of us. All of this lead up to a physical altercation between he and I. I have witnesses to prove that I threw no punches and only wrestled him for self defense and that he initiated the altercation. I immediately called my landlord in response to the further threats on my life being made by said roommate. They said they would do something about it at first. A couple days later I followed up on their supposed eviction of that roommate, only to hear that they couldn't because they had no grounds to kick him out. In their lease they state if a tenant becomes an annoyance to other tenants he is on grounds for eviction. That's not including the fact of drugs that we have pictures of.

    So without their action I took it upon myself to notify them that I was planning to leave because I felt unsafe in my own home. I have now moved to another apartment a town over. I offered for a repayment plan that they said they would contact me with. They haven't. Now they are serving my father (who was a cosigner) court papers.

    I have a copy of all the texts between their office and myself, including the once between the roommate in violation and myself. I also have a copy of all the lease agreements for all 4 of us.

    What do I do next? I currently contacting a lawyer.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Dec 28, 2012, 12:05 PM
    Do you have a copy of the police report when you reported them for having illegal drugs in the house? You did call the police on that... and you did report the assult when it happened? SO there are police reports on the incidents to back up the claims?
    masonsc3's Avatar
    masonsc3 Posts: 5, Reputation: 1
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    #3

    Dec 28, 2012, 12:10 PM
    Unfortunately no there are no police reports. I didn't want to press charges because I'm too nice of a person... All I have are the text messages of his threats and text messages of their refusal to do anything about it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Dec 28, 2012, 12:46 PM
    Quote Originally Posted by masonsc3;
    ...their supposed eviction of that roommate ,...they couldn't because they had no grounds to kick him out. In their lease they state if a tenant becomes an annoyance to other tenants he is on grounds for eviction. ...
    Which is it? Does or does not the lease provide that annoyance to other tenants is grounds for eviction? Additional grounds would be the assault, and perhaps the violation of the town ordinance.

    It looks like you had cause to declare the landlord in breach of the lease.
    masonsc3's Avatar
    masonsc3 Posts: 5, Reputation: 1
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    #5

    Dec 28, 2012, 12:54 PM
    Thank you for your replies,

    The lease does state that if he becomes an annoyance to one or any other tenants he is on grounds for eviction. I have it highlighted in the lease. As well as the drugs segment. I am also working on getting a copy of the town ordinance stating no more then 3 unrelated individuals may live in a single family home together.

    I just need to know what steps to take, and if I really need a lawyer or is my defense strong enough to present to the judge myself in defense of myself and my father.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Dec 28, 2012, 12:57 PM
    Perhaps, but the purpose of having a lawyer is to present your case in the best way possilble and also to be sure that you are fully complying with the procedural rules and practices.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Dec 28, 2012, 01:00 PM
    You go with your father to court, present your evidence that you felt unsafe and that you informed the landlord that you were moving out and why.
    masonsc3's Avatar
    masonsc3 Posts: 5, Reputation: 1
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    #8

    Dec 28, 2012, 01:30 PM
    Thank you guys very much. But so I'm accurate, a lawyer is a good idea but not necessary? I just really want to go about this in manner that as concise and scar free as possible.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Dec 28, 2012, 01:39 PM
    If he has a lawyer, you should have one. But if its small Claims court you can probably get away without one.
    masonsc3's Avatar
    masonsc3 Posts: 5, Reputation: 1
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    #10

    Dec 28, 2012, 01:46 PM
    Ok, and I'm assuming I can find out if he has a lawyer by the court papers served to my father?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Dec 28, 2012, 02:17 PM
    Quote Originally Posted by masonsc3 View Post
    Ok, and I'm assuming I can find out if he has a lawyer by the court papers served to my father?
    Yep
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