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I have a co-tenant who has willfully kicked in and damaged…

Customer Question
I have a co-tenant...

I have a co-tenant who has willfully kicked in and damaged his door/doorjamb, which I have witnesses and pics of. He also is chronically refusing to abide by roommate compromises (which he agreed to in writing) though I remain compliant with those compromises. I have tried negotiating with the tenant multiple times, as well as the landlord. I'm considering demanding eviction of the trouble tenant or release of my lease obligations with compensation for relocation, and also distress due to chronic sleep deprivation, concerns of property and physical/personal safety. What options and/or success rates do I have available to me? The situation has reached an unlivable, highly disruptive level.

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

Florida

Lawyer's Assistant: Has any paperwork been filed?

I have complained in person and via text to the tenant and landlord. I haven't sent any written/certified mail

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

Neither the tenant or llandlord seem to be addressing the issue

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
10/25/2017
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,098
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Are you both listed on the written lease as tenants?

.

Also are you under a fixed term lease?

.

,

thanks

Barrister

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Customer reply replied 9 months ago
to both. Room leases are signed, not unit lease. He also smokes in his room and our lease has a very specific no-smoking policy, though I haven't been able to video him in the act (just noticing smells and assuming marijuana substance)
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

Ok, just to be very clear... do you have your own separate lease with the landlord for your room and the other person has their own separate lease as well?

.

Or are you both on one lease together with the landlord?

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Customer reply replied 9 months ago
I've been leasing this propert peacefully for over 2 years (I'm in my 3rd year now as of August) as well as my 3rd co-tenant (he's been here peacefully for 8 months). The trouble co-tenant has been here for about 3 months.
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

Ok, then you have a legal right to "Quiet use and enjoyment" of the property that the landlord is breaching by not addressing the issue with the other tenant. So you would have grounds to give the landlord written notice that he is in breach of the lease contract for failing to act to abate this nuisance with the other tenant and he has 7 days to cure the problem or you will terminate the lease, vacate, and sue for damages under FL Statutes 83.56.

.

.

thanks

Barrister

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Customer reply replied 9 months ago
What should I consider to be acceptable correction of the situation if he takes action against the trouble tenant?
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

The smoking would be the big thing that you could go after the landlord for because the other things are either between you and the tenant (the roommate compromises) or the tenant and the landlord (the door damage)..

.

You can only hold the landlord accountable for things that he is responsible for, not conflicts between you and the other tenant... that is just one of the unfortunate problems of having a bad roommate..

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Customer reply replied 9 months ago
If he leaves his private room open and unlocked, is it legal for me to take pictures for evidence of him smoking in the room?
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

Sure, he has no expectation of privacy if he leaves his door open... But you can't enter his room, even if unlocked, to get evidence as that would be an unlawful entry.. The landlord should be able to tell by his nose whether someone is smoking or not... I can tell from 20 feet away...

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Customer reply replied 9 months ago
Would I legally be able to install video surveillance cameras in the shared common areas and my personal room if the landlord says it's ok?
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

Yes, that is entirely permissible as long as the landlord oks it..

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