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Old 08-22-2009, 10:04 AM
 
2 posts, read 10,045 times
Reputation: 10

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I just signed a lease in May with two friends of mine. We each pay equal parts of the rent and utilities.

One roommate I have lived with prior and have no problem. The second roommate on the other hand frequently (every day) smokes pot in the house. My other roommate also smokes with him on occasion, but not as frequently. I have expressed to him that I was uncomfortable with this because of my work in which I could potentially be called to drug test. I had even simply asked them to smoke outside or in their own private space. This however, is not an option since I often times come home to the entire house smelling like pot.


We are all there signed on the same lease. What and how can I break lease without legal ramifications for myself. I know that illegal activity is grounds, but I'm not sure how this would work with multiple lea-sees.

I've also posted an ad to have someone assume the lease, but at the same time I would feel guilty with placing someone here in the same circumstances I'm attempting to escape.

Please advise!

Last edited by Mack24; 08-22-2009 at 10:05 AM.. Reason: Spealling
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Old 08-22-2009, 11:28 AM
 
Location: Cabrini Green
248 posts, read 1,073,720 times
Reputation: 85
in your lease it might state under what circumstances you can cancel the lease...i dont believe this one will do.

I think you should speak to the landlord....telling they are doing drugs...i got a feeling he wont like that and tell you guys to move....

get something in writing if he agrees to letting you out the lease and your dont want a suit later on...he can go after you for what ever the rent was that wasnt paid.
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Old 08-22-2009, 11:34 AM
 
1,325 posts, read 4,197,167 times
Reputation: 513
Since you all 3 are named on the lease, you are all responsible individually and jointly for the full rent. So, even if you asked your offending roommate to leave the other two of you would be fully responsible for the lease (unless you find a replacement roommate that is approved by the landlord and landlord has a right to do a credit check, verify employment, etc. on all new roommates).

This isn't grounds for you to break a lease. Again, you are all responsible for the full lease individually and jointly. That is the key thing here.

You could call the police and/or file a civil suit against your offending roommate. However, both of those options sound like nightmares and won't get you out of your lease as it is with the landlord as you are aware (unless your landlord agrees to allow you 3 to break the lease).

Would really suggest trying to "reason" with this person and hope they will respond to your concerns.

Disclaimer: I am not an attorney

Good luck.

Last edited by soulful; 08-22-2009 at 12:11 PM..
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Old 08-22-2009, 12:30 PM
 
760 posts, read 1,271,481 times
Reputation: 334
The lease is a legal binding contract. The contract is with your landlord. So unless he wants to void it, you are bound by it.
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