I want out of my lease! 2 other roommates with 2 "illegal" pets and they don't pick up after them!

Question

We have a one year lease which expires late Summer 2007. Two party-ers and one no so party-going. Two dogs that aren't on the lease, and they didn't pay a pet deposit either. I'm tired of picking up their *POO* and they're ruining the carpet. I'd like to move in with another friend, but I'm bound to this lease. If I report their dogs to the landlord, then I'll be held responsible too! UGH!!!!!!!

Answer 1

OK, be careful. Some people are giving you what sounds like reasonable advice but they are wrong. I have been in property management for 5 years and own investment properties of my own and want you to understand that as nice as the property owner may or want to be they first have to look out for their own interests in the property and the most likely thing that will happen if you report those dogs are that the property owner will say that you have all three violated/broken the lease and give you notice to move. If there are any charges for breaking the lease then you will all be jointly and severaly liable for those costs and costs for repairs and cleaning. Might not seem fair but that is the way it is.

So, what I would recommend is that you tell the landlord that you would like to move and see if he/she will release you (get paperwork to back that up if they say yes) or if he will draw up a new lease with the other two roommates only. Ofcourse all of that is going to depend on if the other two roommates could qualify without you.

If none of that works then I might give those dogs a short ride to the pound or a long ride down an old country road but there is no way that I would be stuck in your situation.

I once had a roommate refuse to move out of a place we got together and a year after I had moved he got evicted and it went on my record too. I learned to never do that again.

Hope it all works out. Good Luck to you!

***Ummm, that hold harmless agreement will help you win in small claims court against your roommates but the landlord will come after you first and if you don't pay it then it will be on your credit and rental history. Might just end up on your rental history either way, esp. if your landlord is a member of the AOA.

Answer 2

Try and get the 2 partyers to sign a new lease which would supercede the previous one in which you held all liability. Of course the owner would have to go for this and their credit would have to be decent, but I think its really the only choice you have. If the other 2 people who live there don't want to sign the lease then tell them your going to make the owner aware of the dogs and you will all be out in a matter of a couple months. I doubt they want to look for a new place and it gets you off the hook for the dogs and allows you to move elsewhere. But if all else fails you have to be honest with the owner and tell them you need out of the lease and will be willing to rent it and show it until they find another tenant .By being honest and cleaning the place up and keeping it clean for showing prospective tenants you just may not lose any of your deposit.

Answer 3

It all depends on who is actually on the lease.

If you are not, don't sweat it.

If you are and they are not, boot them.

If you both are, now you have a problem.

First of all, come to grips with the fact that these are not your friends. Friends don't do this to friends.

Next, sit them down and tell them you want out. Give them an ultimatum. Tell them you are moving and either they sign a "hold harmless" agreement in the presence of a Notary, agreeing to indemnify you for any losses occassioned by the dogs or you're going to send the landlord a certified letter stating that you will not be responsible for any damage to the apartment as you are moving today, and in particular will not be responsible for any damage caused by dogs.

Worst case, everyone moves and bails on the lease, but that's about 8 months less of dog damage that you can be called to account for anyway.

These are not your friends, did I tell you that?

Answer 4

You might not be held responsible for their pets. Many law offices allow you to ask advice one time for free. I suggest you do that... You may be able to break your lease and/or take the dog owners to small claims court should you have to pay for damages caused by the dogs.

I would ask is why didn't you or anyone else say anything when the dogs were brought on the premises?

You could go to the landlord on the sly and report the situation.

Answer 5

Ahh the education that one gets outside the classroom. Unfortunately you are stuck as one of the people who made a legal agreement. You will have to put up with the roomates until the lease expires or move out and remain responsible for your share.

What you have learned her is that roomates that you spend an hour or two with turn out quite differently when you have to spend all you time with them.

Answer 6

Honestly, if you report the pets you're more likely to get 'off' then to get screwed and be liable.

Talk to your roomies and get them to agree to resign the lease with you off it and get the landlord tolet you out...you'll lose your deposit to them unless they want to pay you, but you're going to lose it anyways at this rate!