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  1. #1

    Question Being Released from Lease - Harassment from Roommate

    My question involves a roommate in the State of: Massachusetts

    I am on a lease with my current roommate and need to move out Sept. 1st. The landlord has allowed me to do this as long as a replacement is found and approved by the rental agency (credit/reference checks mostly). We even worked it out so that the new replacement would pay me for the last month's rent which I prepaid upon move-in. (Landlord is very nice).

    On a sidenote, the landlord wouldn't mind if my roommate got out of the lease too, as she has bad credit, pays rent late, and gets complaints from the neghbors for noise. The apartment would be easier (obviously) to fuill if it was totally empty. However, I'm pretty sure that even if my landlord and I want to break the lease if the roommate doesn't there's nothing we can do.

    My roommate wanted her brother to take the spot but he is going through a divorce and is not credit-worthy. She is now making my life a living hell. To add on top of her not paying me for months and months of utility bills, she is now having parties of people at the house who harass me, calling me horrible names, etc. It's making it so bad that I am afraid for me and my belongings and am currently staying with a coworker at her house. All of my stuff is still at the house, because without my last month's rent back and being off of the lease I can't even afford to sublet a place for August until I move.


    Please help. I hate to see her win like this.
    It seems like I have absolutely no rights.

  2. #2

    Default Re: Being Released from Lease - Harassment from Roommate

    PS: based on advice from other message boards I put this together. Is this a correct/fair/sensible way to handle this situation?? Can I get away with this?


    July 24, 2008


    (Landlord),

    I'm sorry for the issues that have come up and that a peaceful solution could not easily have come to solve the issues for all. However, due to the unlivable conditions at the apartment, and the harassment I am undergoing by Miss (Roomie) and her cohorts, I need to leave immediately for my own safety.

    She has had an unauthorized occupant (her brother) living in our spare room for months, has not paid me for utilities in months, and is writing me harassing emails to begin with. Last night I had to sleep at a coworker's house because when I came home at 10:30pm (roomie) was throwing a party and when I entered the premises I was verbally abused and confronted by the group and felt unsafe. I only see two options here. If you can think of an alternative that would please all parties please let me know.


    1.) (roomie) and her brother agree to not be present in the premises from now until August 1st so that I may stay at my own home and can move my belongings in peace and safety. Upon August 1st I will be given back my pre-paid last month's rent of $487.50 and I be released from the lease.

    In this option I see everyone being happy – you get all of your rent money on time without missing a beat (since you can collect last month's rent from (roomie)'s brother), (roomie) and her brother get to take over the apartment, and me and my things leave safely and quietly, being given what I am owed. They both have family in town where they can go for the week I need to settle my affairs. My family is on the cape and to live with them in the meantime would cause a 3-hour commute to work.


    2.) I do not remove myself from the lease and remain in the residence, and withhold rent until I receive damages from Tara for breach of contract due to creating an environment where I cannot enjoy my own home. This is not the option I would prefer obviously, as I am sure I would have to endure even more harassment and involve the police into the situation, as well as wait months for the court system to process my claim.


    Please call me as soon as possible at ###-###-#### so we can resolve this, as I will be staying at a friend's house since the apartment is unsafe at the moment.


    Thank you,


    my name

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
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    Default Re: Being Released from Lease - Harassment from Roommate

    You have no right - none - to withhold rent from your landlord resulting from your poor choice of roommate or your roommate's unreasonable behavior.

  4. #4

    Default Re: Being Released from Lease - Harassment from Roommate

    I'm not saying it's right or legal, and I don't want to be scummy like that either. But technically if I don't, all she can do is write me an eviction and take me and my roommate to court over it since we're held jointly and separately liable.

    I'm hoping that would convince the LL to try do it the other way. Any other suggestions? I really don't know what other balls I have in my court or aces I can play to get out of this with as little drama as possible.

  5. #5
    Join Date
    May 2009
    Posts
    1

    Default Re: Being Released from Lease - Harassment from Roommate

    Could you tell me the results of this situation? Did it come in your favor?

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