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  1. #1
    Join Date
    Mar 2008
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    4

    Default Drugs In House And Breaking A Lease

    I was recently placed on probation for driving under the influence and am trying to comply in every way with the terms of probation. I live in a home with a roomate who also happens to be the homeowner/landlord. My problem is this: there is quite a bit of drug use in the house by the landlord and his guests. I know I'm not supposed to be around that stuff and informed the landlord I needed to move out as soon as possible. I explained that I could get in trouble if there are drugs being used in my residence or I am around people using drugs and I can't rely on his behavior (regarding drug use) to determine whether I stay in good standing with the law for the term of my probation. He, though, is intent on not letting me leave the lease early (which runs through summer). I told him I'd try to find somebody to sublease the place to, but he isn't warm to that idea, saying that "he would want somebody to move in that he knows/is friends with, because he wants to be able to use drugs in the open without worry".
    To the point: I'm leaving, I know I cannot be around such behavior and I'm moving in with my girlfriend. The landlord/roomate I have now is kind of crazy and independently wealthy, with no job and nothing but time on his hands - so I'm sure he'll pursue this in court. If he decides to, I plan on telling him that if he takes me to court, I'll be forced to explain exactly why I broke the lease, in explicit detail, and maybe that will stoke his paranoia and he'll lay off - but I'm wondering if I have any legal right to break this lease because of what's going on? I don't think I have any video or photographic evidence of drug use in this house, but have plenty of friends who have been around when cocaine and marijuana have been used out in the open. I don't want to be a rat, but this is my butt on the line - I can't be around these people or this behavior anymore. Will this lease be enforced if it goes to court? Thanks for your help.

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Drugs In House And Breaking A Lease

    1) Get out of there before you wind up violating your probation.

    2) You absolutely need to get a written release/cancellation of the lease contract so that later(months or more) from now he can't come after you and sue.

    3) Don't wait and be on the defensive side here and wait to see if he sues you. Be proactive and take the offense.

    4) Request in writing, by certified mail return receipt requested, for him to give you an immediate full release/cancellation in writing for breaching the lease contract (by denying your right of peaceful enjoyment and engaging in the criminal activity of drug use and possession in/on the premisis). State that if he fails to agree to cancel the lease you will file a suit in court for breach of the lease contract on the stated grounds. Obviously keep a copy of the letter. If he does not reply, immediately go to your local landlord/tenant court and sue for a release or small claims court and file a suit for release or damages(the amount remaining on the lease and any additional expenses you incurred by having to move prematurely) based on him permitting and participating in illegal drug use in/on the premisis. Your state and locale will determine if you bring this action in landlord/tenant or small claims. Either way, you shouldn't need a lawyer, landlord tenant and small claims are pretty informal. Ask the clerk and they'll explain the process and give you the forms to fill out. Be prepared to have at least one of your friends with a clean reputation back you up on your claim.

    This guy sounds looney. Your statement is probably enough evidence for police to get a warrant and raid the house.

  3. #3
    Join Date
    Mar 2008
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    4

    Default Re: Drugs In House And Breaking A Lease

    Wow, thanks for the advice. What sort of document will I need from this guy? Does it need to be notarized or anything? Do I just need to say that I need immediate release from the lease and give the dates from the original terms of the lease and have him sign it and return it to me? Thanks again.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Drugs In House And Breaking A Lease

    Quote Quoting 4eyedbuzzard
    View Post
    Request in writing, by certified mail return receipt requested, for him to give you an immediate full release/cancellation in writing for breaching the lease contract (by denying your right of peaceful enjoyment and engaging in the criminal activity of drug use and possession in/on the premisis).
    A court may have some sympathy to a tenant who is being affected by drug-using neighbors, but this is a very different situation. The problem here is with a roommate chosen by dewetton. That poor choice of roommate (or, what may at the time have been the intentional choice of getting a "cool roommate who likes to party") isn't the landlord's fault.

  5. #5
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Drugs In House And Breaking A Lease

    While it's true that it may have been a poor choice of a roommate, there are other factors at play. The roommate is the landlord; my legal situation has changed since moving in with the landlord/roommate; and the landlord/roommate chooses to continue to engage in illegal behavior on the premises even after I've explained that I can't have any sort of association with such behavior. I can't control his actions (which may lead to trouble for me, even though I'm walking the straight and narrow), but I can control mine.
    If the court can't side with me when I'm trying to improve my life and get away from a dangerous situation and avoid future legal trouble, then I should probably move out of this country.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Drugs In House And Breaking A Lease

    Yes, that works to your advantage. Criminal activity by the landlord, or sanctioned by a roommate/landlord, is within his control and you have the right as a tenant to demand that it be stopped.

  7. #7
    Join Date
    Mar 2008
    Posts
    4

    Thumbs up Re: Drugs In House And Breaking A Lease

    Thanks for the advice, folks. It really helped in making a decision and I appreciate it.

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