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  1. #1
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    Sep 2013
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    Default Roommate's Unreasonable Demands Make it Impossible to Find a Replacement

    My question involves landlord-tenant law in the State of: MS

    Hello,

    I found your information on MsLawyer.com, and I'm in need of help/advice. I have contacted my landlord and broken my lease because my roommate has made it impossible to maintain a sanitary and healthy living environment--both mentally and physically. Our personalities are so incompatible that I have taken to unhealthy habits that are impacting my mental and physical health.

    Since I've moved in, we've had both roach and ant infestations. Her dogs (two to start with, now one), have destroyed the property's carpet (tore holes, defecation) and have torn apart the back yard.

    As a result of no longer wanting to be responsible, and to protect my mental health, I broke the lease with the landlord's approval. Her requirement is that someone be able to pass the credit check and they can approve--and that is agreeable to my current roommate.

    My roommate has placed outrageous demands on finding a replacement or paying her damages:
    She is demanding that I provide a room-mate is who either Kosher or Vegetarian. I am neither, but have worked hard to abide by her requests (though she didn't inform me of them until after I had moved in with her).
    She is demanding that I pay, in addition to the return of half the electrical deposit and connection fee for Internet, the full amount for new deposit for electric and full connection fee for internet.
    She is demanding that I provide a room-mate that has a full size refrigerator as well as a washer/dryer. OR
    Keep my washer/dryer and my full size refrigerator OR
    Pay her for the cost of renting a truck and moving additional furniture to cover those items I am taking with me.

    My question is this: Does she have a right to make these demands? I cannot live with her and am happy to find a replacement, but the demands that is making are not possible for me to fill, are they?

    What is my best course of action if I'm to leave without sacrificing too much money to her?

  2. #2
    Join Date
    Sep 2012
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    Default Re: Roommate's Unreasonable Demands Make it Impossible to Find a Replacement

    Talk to your landlord, it's his decision not hers.

  3. #3
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    Sep 2005
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    Default Re: Roommate's Unreasonable Demands Make it Impossible to Find a Replacement

    Quote Quoting Lehk
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    Talk to your landlord, it's his decision not hers.
    The landlord rented out an apartment (or house), not individual rooms. The landlord cannot force the roommate to accept a replacement roommate.

    There would be a question of whether the landlord can release one roommate from the lease while holding the other to the lease - determination of that issue would involve reviewing the lease - but it sounds like here the release is contingent upon the current co-tenant's finding a substitute who is acceptable to both the landlord and co-tenant which would render that concern moot. Your landlord cannot release you from your obligations to your roommate.

    The co-tenant can make whatever demand she wants. If you move out without a release due to finding a substitute roommate and stop contributing to rent, in the event that your ex-roommate sues you, you can document the efforts you made to find a substitute and the substitute roommates you proposed and how your ex-roommate was unreasonable in her refusal to accept any of the proposed roommates. If the court accepts that the refusal was unreasonable, the court shouldn't award damages past the date an acceptable substitute roommate could have taken over the lease. But if your ex-roommate stops paying rent, absent a release from your landlord, your landlord will be able to come after you for any unpaid portion of the rent.

  4. #4
    Join Date
    Sep 2013
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    5

    Default Re: Roommate's Unreasonable Demands Make it Impossible to Find a Replacement

    What would be the best course of action?

    I have spoken to the landlord on many occasions, and expressed that my roommate and her animals are destroying the property and she is unsanitary. I requested to be released from the lease as I did not want to be renting a home where we have (and have had consistently) ant infestations, roaches, and now mice.

    Her dogs have defecated repetitively on the carpet--and have damaged the carpet buy making a large hole that cannot be repaired.

    I am unable to actually use the stove/oven to cook any form of meat (which was NOT something I agreed to before moving in) and have been relegated to 1/4th of the kitchen. We have a two car garage, but I cannot park there as my roommate has my half filled with boxes.

    I am looking to leave as gracefully as possible, but I'm unsure if my roommate will let me.

  5. #5
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    Sep 2012
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    Default Re: Roommate's Unreasonable Demands Make it Impossible to Find a Replacement

    Quote Quoting Ashley84
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    I am unable to actually use the stove/oven to cook any form of meat (which was NOT something I agreed to before moving in)
    that is not true, if it's not in your lease that you cannot, you certainly can cook meat.


    Quote Quoting Mr. Knowitall
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    The landlord rented out an apartment (or house), not individual rooms. The landlord cannot force the roommate to accept a replacement roommate.
    absolutely, I did not intend to imply he could, but if the lease was not copied off a cereal box it will have a clause making them joint and severally liable so the landlord can choose not to pursue OP if she has left

  6. #6
    Join Date
    Sep 2013
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    5

    Default Re: Roommate's Unreasonable Demands Make it Impossible to Find a Replacement

    This is the actual part of the lease noted about "default:"



    One friend of mine, a lawyer in NOLA, told me to walk away and a local realtor stated that I should ask my landlord to accept my deposit in exchange for liquidating my obligations to the lease.

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