If tenants that I share a rental home with refuse to get rid of their dog regardless of my severe dog allergies, can I brake my lease?

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If tenants that I share a rental home with refuse to get rid of their dog regardless of my severe dog allergies, can I brake my lease?

I’m currently renting a home with 4 others; 2 of the 4 decided to adopt a dog. I have serious dog allergies and have discussed this with them several times but they refuse to move the dog outside. They paid my landlord a $200 pet deposit for the dog and told him that everyone agreed on it even though that was not the case. My landlord says he is unable to do anything about the situation. Is this true? If so, would I be eligible to break the lease without penalty because of this health issue?

Asked on December 19, 2011 under Real Estate Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You were not a part of the agreement and the landlord may have breached your agreement with him. Indicate to the landlord in writing that since your landlord has now breached the agreement and allowed an item into the home as part of another's lease agreement that has caused uninhabitable living conditions for you, your landlord will be required to allow you to surrender your lease with full refund of your security deposit and pay you to move elsewhere. In the interim, before you send that letter to your landlord, contact the consumer protection bureau in your state that handles landlord tenant matters and see if it has jurisdiction to help. If it does not, send the letter and see if legal aid can help you.


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