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Old 02-03-2014, 02:42 AM
 
17 posts, read 23,474 times
Reputation: 35

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I have a question. I am subletting a house where one of the other two tenants is acting landlord. I moved in the first of January and was told that rent would be due on the 4th of every month. Prior to moving in I asked the acting landlord if they were they partying stay up all night being loud type of people. (they are both guys, and I am a female that works more than 50 hours a week). He said no. I asked if they constantly had a lot of visitors over again his answer was no that they are both pretty quiet stay to themselves type of people. One works one is retired military and going to college. Long story short. So every weekend since I have moved in, the room mate acting as landlord has brought his girlfriend over to stay from Friday night to Monday morning. The girl is rude and disrespectful. I understand he is a guy and wants to have fun, but the other paying tenants shouldn't have to listen to her screaming loudly all night from 2 am til 6am. The first time it happened I'm like that was kind of disrespectful, I understand his "bedroom needs" but he has a responsibility as acting landlord to keep the peace in the home. And when I am getting woke up at 2 oclock in the morning and I have to work, because of her screaming is not okay with me. He apologized. Now ever week it is the same thing. I had to work a 24 hour shift and really really needed sleep and what happened I get woke up at 5 am by her screaming. When we say something he laughs and says oh she was drunk and hey I got some. I have only been here for a little over a month and I am fed up with it. I signed a one year lease and now I want out of it. I moved here for a job that I work long hours and with them saying no we don't have visitors and we are quiet stay to ourselves type yeah one really is. But this acting landlord is showing no respect for the rest of us paying rent in the house because of his own desires. The other room mate threatened to call the cops on him and have the girlfriend removed from the home, and so the acting land lord tells me that if the other room mate does he will have him evicted for threatening the landlord. It's a big mess does anyone know if there is a way to get out of my lease. The acting landlord still has yet to give me a copy of my lease. It's affecting my health because I am not getting any sleep when I am at home and should be sleeping. What are my options??? Does anyone know?
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Old 02-03-2014, 03:19 AM
 
Location: In your feelings
2,197 posts, read 2,252,724 times
Reputation: 2180
Long and short of it: you signed an enforceable legal agreement when you signed the lease; at worst the landlord can sue you in small claims court for the rent due for the remainder of the term of your lease. If you don't pay, he can submit the debt to credit reporting bureaus, who may or may not choose to add it to your credit report (different agencies have different standards for what is included). It could also affect your ability to rent in the future, since you'll probably have to provide references to future landlords.

You really just need to read your lease. First, to see what you agreed to forfeit if you break the lease -- you may not be out anything but your security deposit. But also to see if he's broken the terms of the lease by having long-term guests. If you don't understand it, it would be worth the cost of paying a lawyer to read it and explain it to you; I'd search Google for housing assistance groups that may be able to help if you can't afford it. Good luck!
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Old 02-03-2014, 03:50 AM
 
35,095 posts, read 51,073,507 times
Reputation: 62664
Why would you sign something and not get a copy of it immediately?
Did you read the lease? How long is the lease?
Until you have a copy of the lease and are able to read it you have no way to persue any type of remedy to this issue.

Why don't you contact the actual owner of the home in writing and tell them you would like to have a copy of the original lease. Send it certified, return receipt so you have a paper trail of what you have asked for when, keep copies of everything you write or send, made sure it is all signed and dated.

After you get all of the documentation you need regarding the lease contact an attorney who know the laws regarding renters/landlords and sublets and ask them the best legal way to persue a remedy to this situation.
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Old 02-03-2014, 03:58 AM
 
Location: East Point
4,790 posts, read 6,844,177 times
Reputation: 4782
this might seem overly obvious, but have you considered wearing ear plugs? i'm not being facetious, they help me a ton.

they sell these at kroger near the eyedrops, in the pharmacy section. they reduce noises to 30 dB, which is pretty high. you get 10 in a pack and they cost like $3. they're soft foam and you roll them up and then put them in your ears. i wear them every night.

if that doesn't work, there are tons of other options you can take. but sometimes an easy solution is the answer.
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Old 02-03-2014, 04:39 AM
 
Location: Sandy Springs, GA
2,280 posts, read 3,020,545 times
Reputation: 2978
Leave. Document the noise (a recording won't hurt), find another place to live and then just pick up and go. If the landlord does come after you in court (unlikely) then you have a witness that will be able to testify for you.

Landlords who live in the house with the tenants are almost always impossible to work with.

Life is too short to deal with bad living situations. It will be much less stress dealing with this guy via text message after you leave than in person with his loud girlfriend.
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Old 02-03-2014, 09:11 PM
 
17 posts, read 23,474 times
Reputation: 35
Quote:
Originally Posted by magnetar View Post
Long and short of it: you signed an enforceable legal agreement when you signed the lease; at worst the landlord can sue you in small claims court for the rent due for the remainder of the term of your lease. If you don't pay, he can submit the debt to credit reporting bureaus, who may or may not choose to add it to your credit report (different agencies have different standards for what is included). It could also affect your ability to rent in the future, since you'll probably have to provide references to future landlords.

You really just need to read your lease. First, to see what you agreed to forfeit if you break the lease -- you may not be out anything but your security deposit. But also to see if he's broken the terms of the lease by having long-term guests. If you don't understand it, it would be worth the cost of paying a lawyer to read it and explain it to you; I'd search Google for housing assistance groups that may be able to help if you can't afford it. Good luck!

The landlord is also a tenant he is not the owner of the home but the first original renter. And has failed to give me a copy of my lease. I ask and ask and he says he will email me a copy but still have yet to receive a copy of the lease. Is there anything legally I do about the noise in the home or have the police come out for private nuisance and keep her from the property?
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Old 02-03-2014, 09:14 PM
 
17 posts, read 23,474 times
Reputation: 35
Quote:
Originally Posted by bryantm3 View Post
this might seem overly obvious, but have you considered wearing ear plugs? i'm not being facetious, they help me a ton.

they sell these at kroger near the eyedrops, in the pharmacy section. they reduce noises to 30 dB, which is pretty high. you get 10 in a pack and they cost like $3. they're soft foam and you roll them up and then put them in your ears. i wear them every night.

if that doesn't work, there are tons of other options you can take. but sometimes an easy solution is the answer.

Okay I understand wearing ear plugs, but I shouldn't have to wear ear plugs just to sleep in a home that is shared because one wants to have his girlfriend over screaming during sex at the top of her lungs every weekend all weekend long, it's a disrespect to all tenants even more so when the girlfriend is also on Psycotic meds for psycotic tendancies. Wearing ear plugs also causes what if I miss my alarm clock, what if there is a fire. There are reasons I don't wear ear plugs to sleep.
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Old 02-03-2014, 09:21 PM
 
17 posts, read 23,474 times
Reputation: 35
Quote:
Originally Posted by bryantm3 View Post
this might seem overly obvious, but have you considered wearing ear plugs? i'm not being facetious, they help me a ton.

they sell these at kroger near the eyedrops, in the pharmacy section. they reduce noises to 30 dB, which is pretty high. you get 10 in a pack and they cost like $3. they're soft foam and you roll them up and then put them in your ears. i wear them every night.

if that doesn't work, there are tons of other options you can take. but sometimes an easy solution is the answer.
And maybe I should also state the fact that I am usually a deep sleeper, and for it to wake up a person that can sleep through just about anything is saying something.
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Old 02-03-2014, 09:27 PM
 
17 posts, read 23,474 times
Reputation: 35
Quote:
Originally Posted by CSD610 View Post
Why would you sign something and not get a copy of it immediately?
Did you read the lease? How long is the lease?
Until you have a copy of the lease and are able to read it you have no way to persue any type of remedy to this issue.

Why don't you contact the actual owner of the home in writing and tell them you would like to have a copy of the original lease. Send it certified, return receipt so you have a paper trail of what you have asked for when, keep copies of everything you write or send, made sure it is all signed and dated.

After you get all of the documentation you need regarding the lease contact an attorney who know the laws regarding renters/landlords and sublets and ask them the best legal way to persue a remedy to this situation.

I signed my lease on the way to work, and there is not a copier in the home, he said that he would go to the store and make a copy. I moved in two weeks after signing the lease and asked him for the copy of it. He still didn't have a physical copy, and said that if I gave him my email he would email it to me so that I can have it until he gets to a copier. I am finding more and more since I have been here a month that he does not follow thru with anything that he says. Not about fixing anything, not about that he wont have his girlfriend over anymore, not that he will do his share of cleaning the home, nothing.
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Old 02-03-2014, 11:19 PM
 
Location: Atlanta, GA
14,834 posts, read 7,375,472 times
Reputation: 8966
Quote:
Originally Posted by NeedSleepInGeorgia View Post
I signed my lease on the way to work, and there is not a copier in the home, he said that he would go to the store and make a copy. I moved in two weeks after signing the lease and asked him for the copy of it. He still didn't have a physical copy, and said that if I gave him my email he would email it to me so that I can have it until he gets to a copier. I am finding more and more since I have been here a month that he does not follow thru with anything that he says. Not about fixing anything, not about that he wont have his girlfriend over anymore, not that he will do his share of cleaning the home, nothing.
I sympathize with your situation but that is absurd. I've never signed a lease (nor would I) where there were not two copies present that both parties signed. I hope you can find a solution to your problem but you definitely learned a lesson for next time.
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