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  1. #1
    Join Date
    Jan 2019

    Default What Can You Do if Your Roommates' Behavior Makes You Feel Unsafe

    My question involves landlord-tenant law in the State of: NY
    My daughter is on a lease with two roommates, all college kids. All three are on lease jointly and severally. There is 6 months remaining on lease and in the past month, the entire situation with her roommates has fallen apart. My daughter has pretty much moved back home since all this happened because she is afraid .....
    Roommate #1 was arrested and charged on a serious crime and had to drop out of school and move home while she awaits the court proceedings.that happened about a month ago. She is still on lease, landlord would not let her off. During the past month Roommate #2 has been involved with a guy who has been abusive to her and stays at the apartment. One night when daughter had stayed at apartment, she was woken up by the guy screaming at, and pushing Roommate#2 into a mirror. after a very heated argument , my daughter was so scared she ran outside called police. Roommate #2 did not admit to police that BF pushed her. It sounds like she either is afraid of him or doesnt want to break up. They apparently drink and smoke pot together at apartment and he stays there all the time. when police came, they just evicted the the guy from house. Roommate #2 is still with this jerk and she is now is mad at my daughter for calling police and refuses to speak to her anymore. A terrible situation

    My daughter is afraid to go back and does not want live there anymore. And to top it off , there is also an upstairs tenant that also smokes pot. I walked into the shared hall, and the smell is horrible.

    We plan on contacting landlord this week, and see if he will let her off lease but I doubt he will.
    Any suggestions on what we can or should do? We dont feel safe letting my daughter live there anymore.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: What Can You Do if Your Roommates' Behavior Makes You Feel Unsafe

    It is not unusual for people to discover, part-way through a lease, that they've made a poor choice of roommates. Unfortunately, the consequences of that poor choice will almost always fall upon the person who chose the roommates.

    If your daughter is unable to resolve her issues with her roommates and wants to stop paying rent, there is nothing that she can do that does not put her at risk of legal action. If she stops paying rent and her landlord evicts her and her roommates, she'll end up with an eviction on her record. If her roommates continue to pay, it is possible that they would sue her for the contribution she is not making. If she pays rent through the end of the lease while not living in the rental property, she suffers economic hardship and her roommates profit from their bad behavior.

    If your daughter is bothered by marijuana smoke from another tenant, that's something she will need to address with her landlord. But all other issues aside, given that her roommates smoke marijuana, it seems to be more than a bit of a stretch that second-hand pot smoke drifting down from another floor is going to be more offensive than the smell inside her own unit, or for that matter that the smell from her own unit is not causing or materially contributing to the smell in the hallway.

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