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  1. #1
    Join Date
    Dec 2005
    Posts
    3

    Default roommate verbal agreement

    when my roommate and I moved into our rental home she agreed not to smoke in the home. I told her when we was talking about looking for a place to rent together I got sick around smoke. We have had disagreements on and off since moving in this house in January. Last weekend we had another one and she deciced she was going to start smoking in the house. What can I do to make her stop smoking before I get sick?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Rental Home

    Are you both on the lease? What state are you in?

  3. #3
    Join Date
    Nov 2005
    Posts
    310

    Default

    Since your roommate knew that smoking makes you sick, and agreed not to smoke in the apartment from the outset, but now does so to spite you, you might be able to argue that your roommate has made your apartment uninhabitable for you, allowing you to terminate any agreement you had with this roommate, assuming you both are on the lease, or are essentially equals. But this wouldn't absolve you of any further liability towards the landlord.

    If you are not on the lease, then you don't have to worry about any liability to the landlord, and it may also be seen as a contructive eviction.

    If only you are on the lease, then you are essentially your roommate's landlord/landlady and can put him/her out with proper notice.

    This is all subject to the lease and any agreements you had with your roommate.

  4. #4
    Join Date
    Dec 2005
    Posts
    3

    Default

    Yes, we are both on the lease, we live in Florida

  5. #5
    Join Date
    Dec 2005
    Posts
    3

    Default

    So if I read you correctly, there is nothing I can do with out getting into a legal battle. My lease is up next month. But since we both put down first, last and deposit (equal amounts) will my last month go towards next month, even though she is staying in the house?

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