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My daughter is sharing an apartment with a friend. They had…

My daughter is sharing...

My daughter is sharing an apartment with a friend. They had a falling out over the friends repeated use of roach treatments that make my daughter feel badly. She wants to move out. Does she have any recourse against the other tenant?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

DC

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Yes, there are lots of conditions, I did not see anything prohibiting such treatments, can I send the lease to you?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

To be more clear....My daughter has moved out and wants to get out of the lease to limit her liability and save money for the remainder of the rental period.. The lease is over in May.

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Answered in 1 minute by:
1/22/2018
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 31,532
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Is there any issue with pest control?

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Customer reply replied 4 months ago
I am not sure what you mean? Roaches have been there , several treatments occurred, Liz fled badly after the last one and moved out. She has not been back except to grab clothes and books

Thank you for the reply. The landlord should be made aware of this and safe chemicals could be used by an extermination company to treat this and get rid of the roaches. This would not be a basis to break the lease and move out. If there was an issue, she may have had to stay elsewhere for a night or two until the odor was gone and she could go after her for that but the actions of the tenant would not result in her being able to get out of the lease.

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Customer reply replied 4 months ago
I did go in the apartment after the one treatment and there was a very powerful chemical odor. The friend initiated this treatment after promising to giving my daughter notice and a clear listing of all chemicals to be used .

The landlord needs to be placed on notice if they are obligated to treat the rental.

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Customer reply replied 4 months ago
My daughter came home for a couple weeks . Then moved to a dorm ( she is in college). . The dorm costs will be about $5000 for the remainder of the college term ( which ends at the same time as the lease ... in May of this year. ). Can we go after the dorm costs v. The friend? And, what would you guess the costs of such litigation to be vs. the likelihood of success?

The actions of the roommate in spraying this would not result in her having to vacate the rental for that extended of a period of time. Yes, I can understand if she was allergic or senstivie to this and had to stay with you but she can not just move out and no longer be liable. If she does and the roommate pays for her, your daughter could get sued. Your daughter needs to be released from the lease by the landlord or show the actions of her roommate forced her out and she cannot live there any longer, as a result of the spray. If they had an issue or falling out and she does not want to live there she can not just use this to get out of her lease when it does not involve the landlord

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Customer reply replied 4 months ago
Sounds like there are no further steps other than either force my daughter to go back to the apartment or just live with the duplicate costs of the apartment and the dorm. Is this right? any reasonable other next steps?

She needs to speak with the landlord and see if they will release her. She can offer to pay a termination for this. She can also find someone to sublease and take over her lease, stepping into her shoes, so she does not have to pay.

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Customer reply replied 4 months ago
she has spoken with the landlord and of course, they are not willing to just release her. She is looking for a replacement to take her place. thanks

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Category: Landlord-Tenant
Satisfied Customers: 31,532
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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