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nancascio · Apr 23, 2007, 06:27 PM

Hello,

My daughter is in her first year of college in Louisiana. She rented a townhouse with another girl they both signed 1 year lease.

The friends boyfriend has since been living in the home as well. My daughter spoke to the roommate about being uncomfortable with this and there have been no changes. She spoke to the roomates mother who ultimately makes decisions for the roommate, nothing changed. She then turned the matter into the landlord and the landlord told her she would be evicted if he didn't leave. He left oh for a day or two. He is now back.

My dauhgter has clearly documented dates and times that he has spent more than 3 nights (stated in lease that no one can stay over 3 nights that is not on the lease) she also has pictures of his clothing hanging in the girls closet and pictures of him getting mail at the townhouse. With his name and the address of said townhouse.

Is this enough for her to terminate her lease? Can you vacate your lease if the other roommate clearly is in violation of said lease and you have it documented and photographed? Or is she fighting a losing battle?

I can't seem to find any laws in my state regarding just cause for a tenant to vacate?

Any help or a point in the right direction would be much appreciated!

Please email responses to [email protected] as I am not sure how to find my question once I post it here.

Thanks again!

dMacII · Apr 23, 2007, 08:05 PM

You and your daughter should find a good tenant lawyer to answer your questions. If the lease does not obligate the landlord to act in a specific way in response to failures of the tenants to perform, then your daughter cannot make him act.

Your city or state may have a law which allows your daughter to put her portion of the rent into an escrow account rather than give it to the landlord until he makes the roommate follow the lease.

As far as the landlord is concerned, if he gets his money each month and the apartment is not getting damaged, then he is happy and is not going to make waves.

Keep in mind that if only one tenant is failing to fulfill the lease, the landlord may be allowed to evict just that one tenant and that would leave your daughter paying the full rent.

For another approach, you and/or your daughter may have enough grounds to sue the roommate for damages and failure to perform on the lease, but that may cost more than it is worth. Threat of the lawsuit may prompt the boyfriend to put up the balance of your daughter's rent. Or maybe even the roommate's mother will put up the money. Then your daughter can leave and pay the landlord her portion of the rent to the end of the lease in one lump sum.

Doesn't your daughter finish classes and come home at the end of May? If so, why not just tough it out to the end?

This may just be a situation where your daughter (and you) has to learn to do better at picking roommates. It's tough bearing with the problem to the end of the time, though.

Wish you both well.

nancascio · Apr 24, 2007, 01:45 PM

None of that will work as we have already tried and basically this girl and the mother won't budge. They wanted my daughter to move out a month ago but she had no where to go at the time so now since she has found other arrangements and its not them throwing my daughter out and she didn't oblige when they wanted her to that they want to play hard ball.

No my daughter won't come home when the school year is out.

DOES anyone know how I can find the laws in my state regarding what constitues breach of the lease on the part of the roommate?

Any help appreciated!

Thanks!

OH ps. Yeah we have learned plenty of lessons in the area of choosing roomates but you know girls... and you know you never really know someone until you live with them. The girl wasn't going to say in the beginning oh by the way I plan to have a live in! LOL

dMacII · Apr 24, 2007, 02:18 PM

This should get you started in finding Louisiana Tenant Law

The link is the result on Google when I just input that phrase.

nancascio · Apr 24, 2007, 02:25 PM

Thanks for trying to help me I really appreciate

I also googled that and not finding much luck not much stated in the statues as far as a tenants right to vacate if the roommate is in breach of the lease. (lease specifically states that no guests may stay overnight more than three days that are not a part of said lease)

And I have called the attorneys that I googled that deal in this area and even though it said on my search that they dealt in landloard tenant law I have yet to find one that actually does... ugh...

Thanks so much!

Angie

landlord advocate · Apr 26, 2007, 07:34 AM

Establish the date the boy friend first started staying over. Figure out how many days he has stayed over. Divide the total daily rent by three, multiply it by the number of days he stayed over and take the boyfriend and his girl friend to small claims court. He has failed to pay his share of the rent. Bring the lease agreement, pictures of this clothing in the closet, pictures of his mail addressed to the apartment. This may be enough to get him to move out or at lease compensate you for your inconvenience.

You can always tell the landlord about the boy friend and see if he will put up a 30 day eviction notice to have his either leave or both of you will be evicted.

NowWhat · Apr 26, 2007, 09:36 AM

I would go to the landlord and ask if her name can simply be taken off the lease. If the other girl and her mother are willing to be responsible for the rent - it should not be a problem.
They will draw up a revised lease or make an addendum to that lease removing your daughter's name.
Once that is done - she is no longer responsible.
If they get evicted and your daughter's name is on the lease - it will go against her and her credit.

dMacII · Apr 26, 2007, 11:06 AM

"landlord advocate" gave good advice. If your daughter's landlord chooses not to take action then you have to accept that the problem is a room mate problem, not a lease problem. Basically, your daughter's room mate is a bully. She doesn't care about the rules; and if the landlord isn't going to enforce them, she is going to break them when convenient or to her liking... and your daughter can take a hike!

The only way you will be able to beat the room mate at this game is to make life unpleasant for her (and for her boyfriend) as she has for your daughter. The small claims court route is a good start. That may not be your nature, but some people don't understand anything else.

Good luck.

ScottGem · Apr 26, 2007, 12:19 PM

The way I see it, there are several alternatives.

1) Your daughter gives 30 days notice and moves out, and lets the roomie or landlord try to sue her. She then presents her case in court that the roomie violated the lease creating a breach of contract. (the problem with this is the breach was between the roomie and the landlord not your daughter).

2) tough it out until the lease expires, then move.

3) badger the landlord to take action against the roomie (this could result in them both being kicked out).

4) sue the roomie for breach and the boyfriend for his share of the rent.