Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

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

Customer Question
his door/doorjamb, which I have...
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.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has any paperwork been filed?
Customer: I have complained in person and via text to the tenant and landlord. I haven't sent any written/certified mail
JA: Anything else you want the lawyer to know before I connect you?
Customer: Neither the tenant or llandlord seem to be addressing the issue
Submitted: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
10/25/2017
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,000
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

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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..

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month 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...

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago

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

Ask Your Own Real Estate Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,000
39,000 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

39,000 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,918 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I rent from my dad and he has a roommate that lives
I rent from my dad and he has a roommate that lives downstairs in the basement and does not wear pants in a cold basement; cranks up the heat while he's not home which raises the heat very hot upstair… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My roommate texted me earlier n' said that our landlord
My roommate texted me earlier n' said that our landlord called my employer to confirm if i still work there, do landlords do that? … read more
Barrister
Barrister
Lawyer
39,000 satisfied customers
I have an eviction problem. Florida. I handed him eviction
I handed him eviction letter on Sat, Dec. 2nd after he informed me he called an spoke with a Deputy Hillman either on Friday, Dec 1st or Sat Dec 2nd. Having said that, He did surrender his key to the property prior to that on Thurs, Nov 30th … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
My roommate want to sublease their room to a stranger, I'm
Hi, my roommate want to sublease their room to a stranger, I'm the lease holder and I would like to ask the new person to provide a credit report and ask his previous landlord for reference. Is that o… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
My question is about having a roommate. My roommate is
My question is about having a roommate. My roommate is leaving our apartment after our lease is up and I am assuming the responsibility of continuing the lease. There is a $1200 deposit that the manag… read more
Barrister
Barrister
Lawyer
39,000 satisfied customers
We live in townhouses that were severely damaged by Harvey.
Hi, we live in townhouses that were severely damaged by Harvey. We own in fee simple and are responsible for our own units, walls, roofs, etc. The HOA has basically dissolved. Some of our neighbors ar… read more
Barrister
Barrister
Lawyer
39,000 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
39,000 satisfied customers
I just would like a legal definition of a roommate on IL.
I just would like a legal definition of a roommate on IL. Whereas everyone is trying to get rid of a roommate, I'm actually trying to keep my roommates and I own the property! I am in an association a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Complaint relates to private nuisance on the part of
Complaint relates to private nuisance on the part of neighbor who has acted in numerous and continuing behavior in building a house. He is and has been in violation of the city construction laws, the … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,763 satisfied customers
I have a roommate who contributes nothing to house ... no
I have a roommate who contributes nothing to house ... no rent, goof or utilities . Police say since he gets his mail here he cannot be evicted. Is this true? … read more
Barrister
Barrister
Lawyer
39,000 satisfied customers
One of our renters - it is a roommate situation - was late
One of our renters - it is a roommate situation - was late with her rent the second month after signing the lease in March of this year. We sent her an eviction notice with 10 days to move out or pay.… read more
Andrew
Andrew
Attorney
Juris Doctorate
189 satisfied customers
My roommate and I are being evicted because of our dog but
Hi! My roommate and I are being evicted because of our dog but we have proper documentation that she is an ESA however, our landlord refuses to listen and hung up on us, saying we'll receive out evict… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,079 satisfied customers
If we have a neighbor who is a consistent nuisance and is
If we have a neighbor who is a consistent nuisance and is renting a house in our neighborhood, is there a way to find out who owns the property to reach out to them about the tenant?… read more
socrateaser
socrateaser
1,031 satisfied customers
Complaint filed against defendant for violation of nuisance
complaint filed against defendant for violation of nuisance laws, negligence, and damages done to plantiff's property resulting from cooking odors (in his own townhome). … read more
Damien Bosco
Damien Bosco
3,111 satisfied customers
I am getting evicted with roommate we had to move from
I am getting evicted with roommate we had to move from Colorado back to Michigan because of job and pay is a lot less and fell missed a month payment and asked landlord of complex if there was anyway … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
I livw with a roommate he got a eviction for last months
i livw with a roommate he got a eviction for last months rent were both on the lease i never got anything can the landlord put me out ? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
If I am a homeowner in GA can the HOA evict my roommates?
If I am a homeowner in GA can the HOA evict my roommates? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
I want to know if i can sue a former roommate for damaging
I want to know if i can sue a former roommate for damaging my property by chain smoking in a non smoking house and repeatedly informing him that I am allergic to cigarette smoke. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x