What are my rights if I can’t live with my roommate due to her behavior?
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What are my rights if I can’t live with my roommate due to her behavior?
She also has random people off the street stay over all the time and the play loud I have a roommate that smokes pot on a frequent.music until 4 in the morning. I have asked her nicely to stop smoking in the house and to cut back on having people over on at least the weekdays. She just says sure and does it anyway. Can I move out and break my lease because of the situation. If so, what measurements do I have to take to do so?
Asked on November 5, 2012 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you may not terminate your lease without penalty due to your roomate's behavior. The lease is a contract between you and your landlord; you cannot get out of your obligations (e.g. to pay rent) or take away your landlord's rights (e.g. to receive rent) because of the actions of another party, whether a third party or another party to the contract (your roomate). You can only terminate a lease without penalty if the landlord breaches his/her obligations (or if the building is rendered uninhabitable, foreclosed upon, etc.); your landlord does not control your roomate, and is not responsible for her actions.
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