How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11735
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
20073497
Type Your Real Estate Law Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

I moved into a new apartment with my friend from school. The

Customer Question

I moved into a new apartment with my friend from school. The friendship went bad after a month. She goes into my room without my permission and unplugs my things she turns off my lights and electronics. Also, She turns down the heat to 65 degrees in the winter and in the summer she has the AC at 79 degrees or turns it off. I found out she was having a party after I left on vacation so I purchased a camera for the security of my property. She went in to my living area and unplugged it and turned it towards the wall.

The agreement was that I pay $500 a month and she would pay $200 plus the bills. She has been causing me stress and refuses to negotiate I tried to be civil but she continues to move my things and fill the refrigerator so I have no space for food. What are my options to get my rent money back so I can move out of this situation. The lease is for 2 years and the property management company is not willing to help. Can I report something to the police so I have something to bring to the property management so I can break the lease?

She had a puppy from her ex boyfriend that I agreed to help with (money and care) all of a sudden the dog became mine after it ate her couches and I feel like she will try to say that "my" dog ate her couch in defense this puppy was not on the lease and she gave it to another friend eventually.

What are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Relist: Other
This is a different question for my new apartment the other question is for my prior apartment
Expert:  Andrea, Esq. replied 1 year ago.
Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service

I a so sorry to hear about your situation,


1. Did oth you and your roommate sign the lease, or is she subleasing from you?


2. Did either you or your roommate pay a security deposit for the apartment ?


Thank you,

Customer: replied 1 year ago.
We both signed the lease and she paid the deposit.
Customer: replied 1 year ago.
We both signed the lease I moved in after and was added to it. She paid the deposit I paid no deposit.
Expert:  Andrea, Esq. replied 1 year ago.
Thank you for your additional information,

You are in a difficult situation, I know I would hate for someone to be infringing on my privacy, doing what they wanted and not giving my comfort and privacy a seond thought.. it is unfortunate that you discovered her true character and personality only after the Lease was signed.

1. The only way to get out of the lease is to negotiate with the landlord. Tell him what is going on and that it has started to affect your physical well-being. If necessary get a brief letter from your doctor. I am not saying that the landlord will agree, but legally, the landlord can hold both of you to the terms and conditions of the Lease. You would also have to get your roommate's consent because if you left, she would be responsible for the entire amount of the lease, and the landlord ould not hold her to the full amount;

2. If you could find someone to assume your responsibilities under the lease,, you could sublet the apartment. The landlord would have to give his consent, but the law states that he cannot unreasonably withhold his consent,;

3. In the alternative, you both could negotiate with the landlord to pay him something, a small penalty for breaking the lease and then each of you could go on your separate ways.

4. If your roommate were conducting illeal activites in the apartment, you would have a right to give her notice to vacate the apartment, and if she did not leave, then you could leave. It has to be a fairly serious crime and cannot be anything like parking violations.

I wish there were more options, it would have been my pleasure to have presented them to you, but there just aren't any, so I am kindly requesting that you not hold this against me when rating my service to you. Please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information. It will not cost you anything additional, but without the customer's rating, I will not receive any credit for assisting you. Thank you for understanding,

___________________________________________________________________________


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

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11735
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry I need to change the area of law to civil or criminal.
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Adam,

 

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, :)

 

Please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with the only four alternatives available under the circumstances you described, Thank you for understading

 

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11735
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
My question was not answered I don't need the rental company I need to know what I can do about my roommate.

So what about the fact that I had a suspicion of her stealing and going through my stuff? I bought a camera she disabled my camera which I have video proof of it and the fact that my medication is missing after her having a party.I don't know if anything else is missing but I have proof that she had a party and saved text messages that she is trying to force me to pay a higher amount by turning off the heat and AC.She talks about me at school, she is a pig and an alcoholic she goes to work at a hospital drunk or hungover. She just beat a DUI somehow.I can't take her to court for my rent or stop paying my rent since I don't get my electricity? Like if I get her on camera turning off the AC? She is supposed to go on vacation for a month and said she is not paying the electricity so she is turning it off. How do I not have some type of court case against the tenant? Do I have to choose a different area of law such as criminal or civil?
Expert:  Andrea, Esq. replied 1 year ago.

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

 

 

 

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11735
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 7 other Real Estate Law Specialists are ready to help you
Expert:  Andrea, Esq. replied 1 year ago.

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 ?

 

 

ANDREA

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.