Real Estate Law
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You placed it in the correct category and there is no separate "civil category". If you placed it in any other category, your question would be recategorized back to Real Estate Law, :)
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Hi, Adam, Thank you for the Excellent Service rating, I appreciate it greatly,
In Answer to the concerns you stated in your reply, I can only imagine the difficulty this roommate is giving you. The problem in this situation is twofold; the relationship, bad as it might be, between roommates is unrelated to any acts of the landlord; and, which of your roommate's acts constitute a crime and which are just plain annoying to the average person and should be crimes, but are not classified as such. Going through one's personal belongings is inexcusable and disabling your camera that you purposely set up for security is equally unacceptable, but they do not constitute "crimes" in the strictest sense. Turning off the utilities when she goes on vacation would be enough of a reason to move out if the landlord had done it. If your lease contains a provision addressing crimes, it would be the landlord's right to terminate the lease with respect to the tenant who was convicted of the crime, it would not release you from the lease. If the landlord had picked out your roommate, or rented an apartment to a convicted murderer, you could get out of the lease without any liability to the landlord because that would be an "act of the landlord".
You do have the right to sue your roommate for anything that was their responsibility to pay. You can sue in Small Claims Court where you could represent yourself and not incur any legal fees,
You can go to the police, tell them what your roommate has done and if it constitutes a crime, hopefully the police will do their job and bring charges against your roommate. I am sure that your roommate has gone through your personal belongings, disabled your camera, and talks about you at school. But, I am being totally honest and straight with you that these acts are not chargeable crimes.
Since it would be just about impossible to get out of the lease, if I were in your position, I would go to the landlord, tell him everything your roommate has done, show him your roommate's text messages and say that you simply cannot live that way and you are asking to be released from the lease. I would also say that you cannot live without utilities, you have no control over what your roommate does with the utilities, and without any utilities, the apartment is legally uninhabitable, and you are giving him notice that you are vacating the property. Under the law, if an apartment does not have heat, electricity, water, etc., then it is uninhabitable and the tenant is not required to remain in the property. Therefore, if the landlord says that he cannot or will not do anything about it, tell him you are giving him verbal notice and you will deliver written notice, that you are leaving. In your written notice to the landlord, refer to your conversations with him, and the fact that he will not do anything about the utilities and include the fact that you are forced to leave because the apartment is (or will become) uninhabitable. Send the letter to the landlord and keep a copy for yourself, just in case you ever need it. You should not have to wait for the utilities to be turned off before you vacate.
Please be kind enough to rate "Excellent Service" so that I can receive credit for researching
your question and providing you with a method to resolve your situation, otherwise I will not receive any credit for assisting you,Bonus and Positive Feedback on Survey are greatly appreciated,Thank you for allowing me the opportunity to be of service,ANDREA
Hi, Adam Thank you for the "Excellent Service" rating and the bonus, I appreciate it greatly. Please let me know how things turn out and what your landlord's response is, Okay ?
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