I signed a 6-month lease 4 months ago with 2 other guys i know. We all had agreed to be quiet on the weekdays and do whatever on Friday and Saturday night with reguards to noise. Well one of my roommates dropped out of school and drinks, does drugs, has people over, and has the music on til 4am litterally daily. Even though im on winter break it's unbarable. I've tried to reason with him and he wont comply. If I decide to leave now and break the lease is this legal? They want me to pay a month rent and forfeit my 100$ deposit. (it also states on the lease a section about house rules, including noise, which the landlord said only applys in respect to neighbors *BS*)
2007-12-28 19:56:21 · 5 answers · asked by Jon W 2 in Business & Finance ➔ Renting & Real Estate
Your landlord is correct(whether or not you like it). If he was actually a neigbor you would have valid grounds to break the lease. But he is your roommate, so you have to basically tough it out or pay the money to leave.
Actually, if this is in an apartment or multi-family building and other neighbors are complaining about you, the landlord could actually force you to leave. However, with 2 months left it is unlikely that he would go through the eviction proceedings. But even then you would still be responsible for the costs involved in breaking the lease.
But this does not mean that you can not go after the roommate. If he is doing everything you are saying you could actually report him to the authorities. They may be able to arrest him, but then you would still be responsible for paying the entire rent unless you get the landlord to somehow agree otherwise.
If that does not work then think of it this way, since you only have 2 months left with your roommate and you can use this time to start looking for a new place to live.
2007-12-28 20:04:42 · answer #1 · answered by OC1999 7 · 2⤊ 0⤋
The landlord is correct in his explanation of the lease to you. Three adults signed a lease for 6 months to live together. You have a landlord you purchased the services from. He is not a guardian, referee or policeman. He is required to provide you with quiet enjoyment of your property, but that is expected to be quiet enjoyment from external sources.
Look at it this way, if a married man and woman move into the house, and they get into arguments all the time, is it legal for the woman to go to the landlord and say "My husband yells at me at 4am while I am trying to sleep. I am breaking the lease because you are not providing me a quiet place to live". The landlord has no place getting involved. The quiet enjoyment is being broken by the same people that signed the lease. According to your logic all anyone would need to do to get out of a legal lease is get some of the other people living in a place to make some noise.
What you have is a domestic problem. It is no place for a landlord to get involved.
2007-12-29 09:45:58 · answer #2 · answered by Patrick 5 · 0⤊ 0⤋
The landlord is correct. You signed a valid lease, and I'd venture that the lease says nothing about noise INSIDE the unit which only offends those living there. The landlord is not the source of the noise. Your roomie is.
Welcome to the pitfalls of sharing living accommodations with 'friends'.
2007-12-29 08:57:22 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
I think your landlord is still responsible to provide you two with a safe and livable apartment. If your third roomie is using drugs then he is definately interfering with your reasonalbe enjoyment of your home. You can give him a 3 day notice to comply or quit the premises.
However it works out, tolerating the use of drugs in your home puts you in danger of going to jail. Your landloard could also be subject to some criminal penaties too.
2007-12-29 04:05:40 · answer #4 · answered by San Diego Art Nut 6 · 0⤊ 1⤋
Scream. Lots.
People hollering about noise at 4 AM get attention.
usually they get quiet too.
Dude, it's only a hundred bucks. what's your sanity worth?
2007-12-29 05:40:51 · answer #5 · answered by DEACTIVATED 4 · 0⤊ 0⤋