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I have an issue with my roommate. She has violated the lease…

I have an issue with...
I have an issue with my roommate. She has violated the lease more than once. The management don't seem to take things seriously. I want to know what actions i can take and if she can get evicted.
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9/24/2017
Thelawman2
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Hello, my name is ***** ***** I will be helping you today.

Is she on the lease with the landlord, or do you have a separate agreement between you and her? This affects how much power you have to correct her actions.

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Customer reply replied 7 months ago
I am living in off campus housing at a college. We both signed individual leases, paying our own amount to the landlord..

Okay, and how is she violating the lease?

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Customer reply replied 7 months ago
She brought a stray dog she found shortly after moving in. The lease clearly states you need to have the animal registered. She didnt ask me or other roomates. SHe just let it happen. She didnt properly take care of the animal. He was left in her room for hours at a time and pooped in the room daily. The smell went through my vent and made my room smell, affecting me. He also barked obnoxiously constantly causing me to lose sleep when im trying to do my schoolwork. i tried to give her solutions she wouldnt. the manager found out about it and told her to remove the dog. she snuck around and has it hidden now. She also has her boyfriend over daily and he smokes inside the apartment. he smokes weed and tobacco. that also goes through my vent. health issue. they threw a party last night without asking.. affecting my sleep. trashing the place.
Customer reply replied 7 months ago
the lease also states that smoking is prohibited. the management are college students themselves or recent graduates. i feel like they arent properly doing their job. i want to know if i have a valid complaint. i also received a text message from her today harassing me
Customer reply replied 7 months ago
the dog could have rabies, fleas, and she just brings it in.

Got it. So because you have separate lease agreements, what you could do is tell the landlords that either they enforce the lease agreement against your roommate, or you are going to sue them in court for breaching the lease agreement that they have with you.

Your landlord is basically breaching your lease agreement by failing to enforce the lease terms against others within the apartment. Normally there wouldn't be any recourse because renters are treated as one person for purposes of landlord-tenant disputes. However, because you have separate leases, they should be seen as a completely separate party who is at the apartment complex and is interfering with your ability to live there.

The other thing you could do is call the police when their are drugs being used inside the apartment.

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Customer reply replied 7 months ago
i called the police last night but they didnt do anything about the weed.. i didnt specifiy that on the phone though . just hoped they would smell it
Customer reply replied 7 months ago
you're saying that this girl can get evicted?
Customer reply replied 7 months ago
34;A.
damages for which you are liable.
DEFAULT BY TENANT. You'll be in default under this Lease if you or any guest or occupant violates any of the terms of this Lease including but not limited to the following violations: (1) you don't pay rent or other amounts that you owe when due; (2) you or any guest or occupant violates the apartment rules, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (3) you abandon the apartment; (4) you give incorrect or false answers in a rental application; (5) you or any occupant is arrested, convicted, or given deferred adjudication for a felony offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute; (6) any illegal drugs or paraphernalia are found in your apartment; (7) you or any guest or occupant engages in any of the prohibited conduct described in Paragraph 20; or (8) you or any occupant, in bad faith, makes an invalid complaint to an official or employee of a utility company or the government"
Customer reply replied 7 months ago
f you default in any of the above ways, except for non-payment of rent or breach of Tenant's obligations under Paragraph 20, or commit any of the violations set forth in paragraphs 32A (3), (4), (5), (6) and (7) above, for which no such notice is required to be given, we may serve you with a written notice to stop or correct the specified default within 10 days. You must then either stop or correct the default within 10 days, or, if the default is of the nature that it cannot be cured within 10 days. You must begin to correct the default within 10 days and continue to do all that is necessary to correct the default as soon as possible."
Customer reply replied 7 months ago
No animals (including mammals, reptiles, birds, fish, rodents, and insects) are allowed, even temporarily, anywhere in the apartment or apartment community unless we've so authorized in writing except as otherwise permitted by law. If we allow an animal, you must sign a separate animal addendum, which may require additional deposits, rents, fees or other charges. An animal deposit is considered a general security deposit. You must remove an unauthorized animal within 24 hours of notice from us, or you will be considered in default of this Lease. We will authorize a support animal for a disabled (handicapped) person. We may require a written statement from a qualified professional verifying the need for the support animal. You must not feed stray or wild animals.
If you or any guest or occupant violates animal restrictions (with or without your knowledge), you'll be subject to charges, damages, eviction, and other remedies provided in this Lease. If an animal has been in the apartment at any time during the term of your occupancy (with or without your consent), we'll charge you for defleaing, deodorizing, and shampooing. Initial and daily animal-violation charges and animal-removal charges are liquidated damages for our time, inconvenience, and overhead (except for attorney's fees and

Absolutely she could be evicted for what she is doing. However, you are going to need to get the landlord to enforce the lease against her. Getting them to do so though will probably only occur if you show them you are serious, and considering suing the landlord in court.

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Customer reply replied 7 months ago
can i sue them while still living there?

Yes, that is exactly when you would do it. You only have a reason to sue the landlord while you are living there because your living situation is being disrupted by the landlord not enforcing the lease agreement.

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Customer reply replied 7 months ago
did how read what i sent thats in the lease?

Yes, it would appear for sure that she is violating the drug use provision.

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Customer reply replied 7 months ago
how do i prove that
Customer reply replied 7 months ago
what about the dog?
Customer reply replied 7 months ago
al lot of people there smoke weed there.. i was told i didnt have a good case

I'm guessing you could get video evidence or again try to contact the police next time it happens. The dog could also lead to eviction as well since it would result in "Default of this lease" if the issue is not corrected.

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Customer reply replied 7 months ago
whats a good thing to say to management?

You should tell them that your roommate is violating the lease agreement, and that the management's failure to enforce the lease against your roommate is interfering with your rights to occupy the apartment. Therefore, if they don't enforce the lease against your roommate, then you will be forced to bring a lawsuit against them for their violation of the lease agreement with you.

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You should tell them that your roommate is violating the lease agreement, and that the management's failure to enforce the lease against your roommate is interfering with your rights to occupy the apartment. Therefore, if they don't enforce the lease against your roommate, then you will be forced to bring a lawsuit against them for their violation of the lease agreement with you.

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Customer reply replied 7 months ago
thats 100% accurate>?

That is the legal theory you would need to use to get the landlord to do anything because otherwise they are going to say that they are not responsible for disputes between roommates. This is usually true; however, since you have separate lease agreements, you are in a lot better position to make this argument.

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Customer reply replied 7 months ago
cant they kick me out if i take them to court (hoping it doesnt go that far)

No, they can't kick you out for taking them to court because taking them to court does not breach your lease agreement.

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I hope this has been helpful. Please provide a positive rating at the top of your screen so I get credit for helping you today!

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Customer reply replied 7 months ago
DEFAULT BY TENANT. You'll be in default under this Lease if you or any guest or occupant violates any of the terms of this Lease including but not limited to the following violations: (1) you don't pay rent or other amounts that you owe when due; (2) you or any guest or occupant violates the apartment rules, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (3) you abandon the apartment; (4) you give incorrect or false answers in a rental application; (5) you or any occupant is arrested, convicted, or given deferred adjudication for a felony offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute; (6) any illegal drugs or paraphernalia are found in your apartment; (7) you or any guest or occupant engages in any of the prohibited conduct described in Paragraph 20; or (8) you or any occupant, in bad faith, makes an invalid complaint to an official or employee of a utility company or the government.
Customer reply replied 7 months ago
You and your occupants or guests may not engage in the following activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees

If your concern is (8), a lawsuit is not a complaint to an official or employee of a utility company or the government. Additionally, your complaint would never be reasonably seen as bad faith.

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Customer reply replied 7 months ago
im just giving you everything to verify we have the right information
Customer reply replied 7 months ago
If you have violated our animal rules or let the animal defecate or urinate where it's not supposed to you will be subject to eviction and other remedies under the Lease .- what does subject to mean? that means that it isnt guaranteed..

It means that you can be evicted if the landlord decides to evict you. Basically, violating the animal rules is sufficient to evict.

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Customer reply replied 7 months ago
paragraph 20 talks about threatening rights safety and health of occupants.. which would be me. which she is doing
Customer reply replied 7 months ago
because it says subject to evict.. do i still have a valid claim

You were clearly right that there are multiple ways she is violating the lease agreement, and her violations of the lease agreement are affecting your enjoyment of your property.

Yes, you do still have a valid claim. That is just someone writing in legalese basically saying, you do this, we can kick you out for that.

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Customer reply replied 7 months ago
what would be a solution here thats reasonable? should i demand she get evicted
Customer reply replied 7 months ago
her boyfriend is there daily and theyre both uncomfortable to be around and its affecting my state of mind being around her

Just so you know the legal term, you would be suing the landlord for a "Breach of the Covenant of Quiet Enjoyment".

It sounds like this relationship with your roommate is beyond repair and therefore you should demand her eviction. If the landlord does not agree, then you might want to keep documenting the issues if they continue and go back to the landlord again threatening a lawsuit.

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The landlord might first say that they are going to speak to the roommate to get her to resolve these issues; this is when you would begin documenting that the issues are still ongoing.

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Customer reply replied 7 months ago
ok thank you for your time and clarification!

You are welcome. Please provide a positive rating at the top of your screen!

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