getting out of my lease?

Question

i stay in some apartments that are right next door to the school I go to. i signed a 12 month lease and i want to get out, because my roommate (she signed her own lease and I signed mine) she moved her boyfriend in the apartment with us, he's here all the time. She goes home on the weekend and leave her keys with him and he have his friends in here they come and wash there clothes here and they be in the kitchen cooking to. We also have a extra bedroom that nobody stays in and he let his friends come over and spend the night. I think it is totally disrespectful of her to let him stay here and let him do the things he do. i have wrote the managers 2 letters and i have talk to the general manager so i can move to another apartment and they haven't done anything. Do you think I can break my lease?

Answer 1

YES you can break your lease because management is not enforcing the terms you originally agreed to. You were ABSOLUTELY RIGHT to contact management and bring the problem to their atention. Their failure to act is a violation of your right to privacy, and thus THEY violated the terms of the lease, giving you, the injured party, the right to terminate the lease (which is a CONTRACT by law).

Answer 2

Probably not. I have heard of these types of leases in college towns, where each tenant has a separate lease, and there is no way I would sign one. They are gaining in popularity here, especially with the "big box" complexes that are beside of the colleges.

That takes away ANY control you have over your residence, and leaves the landlord in control of your daily living.

Technically, if you both have a separate lease, then your roomate has every right to leave the keys with whomever...and that is a very scary thing.

It doesn't appear you have grounds to break the lease b/c it boils down to a "roommate squabble", which isn't the landlord's problem. I would be pushing for another apartment where I was the ONLY person on the lease, and get a roomate as an OCCUPANT.

Answer 3

Too bad you don't say where you are. Law is geography-sensitive. Is there a Residential Tenancy Office in your jurisdiction like this one? http://www.rto.gov.bc.ca/. If so, you can take the matter up with them.

I'm concerned that you and roommate have separate leases. That's strange.

Have you contacted the name listed as landlord on your lease to discuss the situation? General manager isn't necessarily landlord. The person you want is the one who is a 'party' to your tenancy contract.

Of course, roommate's boyfriend and friends are trespassers at least when she's away and could be sent away with the help of police if you were so inclined.

What I'd like to say is that roomie will be liable for any arrears if you decide to split - and you should - but I can't without seeing the contract and the legislation in your juris. See if the law school near you has a law students advice program like this one: http://www.lslap.bc.ca/main/. This is exactly the sort of problem they can resolve satisfactorily.

Your roommate is an unconscionable yoicks and we all wish her all the luck she deserves, I'm sure.

Good luck and keep asking questions until you get this mess cleaned up.

Answer 4

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