Roommate Smokes Pot - How to Move Out if He Refuses to Find a Substitute Roommate

[valaw26]

My question involves a roommate in the State of: Virginia

So, my roommate put pot in my hookah. I didn't realize what it was, and when i found out, i told her i wanted to move out. This happened a week after we signed the lease. She said she would have to find a roommate first and i would be responsible for the $150 lease alteration fee, to which i agreed. Now she refuses to find a roommate, and since I can't stay in the apartment due to her drug usage, i have moved out to a friend's place but continue to pay rent at my actual apartment. She and I have exchanged emails where she acknowleges what she did and that she does drugs.

Bascially, I want off of the lease by July 1st, which will give her a total of 90 days to find a replacement. My plan is to then inform the landlord in a written letter that I am trying to settle the matter privately and have no intention of getting my roommate kicked out of the apartment. After that, I want to stop paying the rent (after July 1st) which would lead to either her covering the rent or getting us evicted. Since I already have a place to stay, and all of my stuff is out of the apartment already, an eviction wouldn't be terrible unless it affects my credit.

Do you think this is a good plan? If I end up having to pay the lease breakage fee, which for the apartment is a total of $4040, can I sue her in small claims court for the lease breakage fee since she violated the lease by doing drugs? What proof do I need?

Any help would be much appreciated. Thanks!

[LawResearcherMissy]

Her drug usage does not relieve you of your responsibilities under the lease agreement.

You can TRY suing her in small claims, but since you didn't bring her drug usage to the attention of the police or your landlord, I am doubtful that you would prevail. Even if you DID prevail, how would you go about collecting on the judgment?

[That Guy]

I'm with Missy on this one.... In fact, if I were your roommate, and you came to me saying you're moving out, my response will be "not until YOU find a replacement"... Also keep in mind that the landlord is under no obligation to accept just any replacement. The new roommate will have to meet the LL's requirements (i.e. credit/income/background... etc).

Best of luck either way.

[valaw26]

Well, my plan is to tell my landlord everything so that she knows what's going on. Like I said, I don't want to get her kicked out, but she is both forcing me out of the apartment and forcing me to stay. Hopefully, it won't go far enough for us to go to court. We also work together, and her reputation could be ruined if anyone found out. I want to make sure I have a legal basis so that I can give her proper arguments when I tell her that she has until July 1st.

What do you suggest I do?

I'm with Missy on this one.... In fact, if I were your roommate, and you came to me saying you're moving out, my response will be "not until YOU find a replacement"... Also keep in mind that the landlord is under no obligation to accept just any replacement. The new roommate will have to meet the LL's requirements (i.e. credit/income/background... etc).

Best of luck either way.

Yeah, and I'm more than happy to help her find one. I've told her this as well, but she won't accept. At this point, it would be cheaper for me to break the lease.

The apartment building is apart of a major company, so there is no single landlord. If I stop paying rent, will my credit be affected if I pay them directly? I still want off the lease. If she covers the full cost, can she take me to court even if I left because of her illegal activity? Further more, she put the pot in MY PROPERTY without my permission. Does that have any affect on this?

[That Guy]

The apartment building is apart of a major company, so there is no single landlord.

Pardon me, I should have said "lessor". Better?

If I stop paying rent, will my credit be affected if I pay them directly?

You'll have to discuss that with your lessor.

If she covers the full cost, can she take me to court even if I left because of her illegal activity?

Anybody can sue anybody for any reason they want. If she doesn't mind this all coming out in court, sure she can sue you for breaking the lease... Although if you plan on continuing to pay rent, then she'd have nothing to sue you for.

Further more, she put the pot in MY PROPERTY without my permission. Does that have any affect on this?

It may result in criminal charges against her, who knows... But you're still bound by the terms of the legally binding agreement you have with her and the lessor.

[valaw26]

Pardon me, I should have said "lessor". Better?


You'll have to discuss that with your lessor.


Anybody can sue anybody for any reason they want. If she doesn't mind this all coming out in court, sure she can sue you for breaking the lease... Although if you plan on continuing to pay rent, then she'd have nothing to sue you for.


It may result in criminal charges against her, who knows... But you're still bound by the terms of the legally binding agreement you have with her and the lessor.

Okay, tell me this then. If you were a federal employee in my position (who's job greatly depended on keeping a clean record), what would you do? I can't live in the apartment, but I'm essentially paying double rent because I can't get off this freaking lease.

I'm desperate here.

[That Guy]

Okay, tell me this then. If you were a federal employee in my position (who's job greatly depended on keeping a clean record), what would you do? I can't live in the apartment, but I'm essentially paying double rent because I can't get off this freaking lease.

I'm desperate here.

I understand your frustration, I really do...

If she is a federal employee as well, then it sounds to me like she's got more to lose than you do (not that you'll intentionally expose her behavior, but only that it is bound to come out).

Assuming you've made a solid attempt to reason with her and yet still find that you are at an impasse, my next step would be to contact the lessor, fully explain the situation to them and see what options, if any, they'd be willing to offer you. Who knows, maybe they'd be willing to offer you a way out which would strengthen your position thereby weakening hers.

The issue that I see here is that unless you can convince her to stop smoking, this matter will not go away easily... Meaning, even if you were to get her to move out, you're still stuck with either having to find a roommate, or with breaking the lease.

Last but not least, you should probably consult with an attorney in your area who might be more familiar with local laws, ordinances and court procedures... They can be pretty creative sometimes.

Good luck!

[valaw26]

Thanks, That Guy. I really appreciate your input. If anyone knows any laws specific to VA, please give me your advice on what to do.

It's so ridiculous that I could get in trouble for wanting to do the right thing.

[aardvarc]

And really, a hookah? They can be beautiful and wonderfully crafted...but for a government employee (and most ESPECIALLY for any government employee in ANY way associated with security or law enforcement), it's not going to be regarded as a piece of art....it's going to be regarded as drug paraphenalia. It's along the same lines as leaving mirrors, razor blades, straws, and small vials around, and then wondering why people start using it to cut and snort cocaine. In other words, the NATURE of the object would suggest to most people that drug use was likely to be tolerated in a residence where such object(s) were found (because the very PURPOSE of a hookah is the smoking of drugs...whether the drug be illegal like marijuana, or legal like tobacco - and a majority of tobacco smokers don't use an implement.)

[valaw26]

And really, a hookah? They can be beautiful and wonderfully crafted...but for a government employee (and most ESPECIALLY for any government employee in ANY way associated with security or law enforcement), it's not going to be regarded as a piece of art....it's going to be regarded as drug paraphenalia. It's along the same lines as leaving mirrors, razor blades, straws, and small vials around, and then wondering why people start using it to cut and snort cocaine. In other words, the NATURE of the object would suggest to most people that drug use was likely to be tolerated in a residence where such object(s) were found (because the very PURPOSE of a hookah is the smoking of drugs...whether the drug be illegal like marijuana, or legal like tobacco - and a majority of tobacco smokers don't use an implement.)

Yeah, and I understand that, but I made it clear in emails that I have saved that I, in no way, approved of it being used as a glorified bong. If I bring this to someone's attention, wouldn't they understand? If I really wanted to smoke pot with it, I would never want to move out.

I've also specified in the emails that the ONLY reason I'm moving out is because of her illegal behaivor, which in and of itself shows that I do not condone drug usage, ESPECIALLY in my apartment. You can practically use anything to do drugs nowadays. I've heard of people unwrapping cigarettes to smoke pot. I see your point, but since I've already got email evidence that I didn't condone her actions, won't that give me somewhat of an advantage?