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  1. #1
    Join Date
    Oct 2008
    Location
    Kansas
    Posts
    1

    Default Co-Tenant Violating Contract (Intent to Break Lease, Dogs)

    My question involves a roommate in the State of: Kansas

    I've recently had a number of legal woes with my current roommate, who is also listed on the lease.

    1. She intends to move out in December (9 months shy of the contractual termination point). I have told her that I'll consider a new roommate provided she can find one that is acceptable. Yesterday she told me she intends to move out even if she is unable to find one. Our lease has a clause allowing us to break the contract if we surrender our deposit, give three months notice, pay a $750 termination fee, and repay all our rent concessions (which equals to about $1000). I'm not willing to pay these fees, so I assume that she can't act unilaterally and invoke this clause. Is that correct? Also, should I try to obtain anticipatory relief BEFORE she breaks the lease or simply sue for collection after the fact?

    2. She is housing her dog in our apartment in violation of the lease. Our lease provides for a $25 dollar per day fee for housing a dog in violation of the contract. What is the appropriate action to take?

    3. This weekend she left the dog in the apartment for greater than 48 hours unattended and without food or water. The dog, naturally, urinated on potentially caused damage to the carpet. Would I be able to remove myself from the obligation to repay damages?
    (4. not actually a housing issue, but should I take the dog to the animal shelter or file a complaint for neglect? Would either of those have a housing repercussions?)

    Thanks in advance!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Co-Tenant Violating Contract (Intent to Break Lease, Dogs)

    I'm not willing to pay these fees, so I assume that she can't act unilaterally and invoke this clause. Is that correct?
    Yes.

    Also, should I try to obtain anticipatory relief BEFORE she breaks the lease or simply sue for collection after the fact?
    You can't sue for damages unless you actually have them.
    She is housing her dog in our apartment in violation of the lease. Our lease provides for a $25 dollar per day fee for housing a dog in violation of the contract. What is the appropriate action to take?
    Give her written notice that she's in violation of the lease and if she doesn't find the dog a new home immediately, you'll be turning her in to the landlord.

    Then do so.

    You're likely to be held equally responsible for the presence of the dog if you don't. (And might be anyway, depending on how hard your landlord wants to play ball.)

    3. This weekend she left the dog in the apartment for greater than 48 hours unattended and without food or water. The dog, naturally, urinated on potentially caused damage to the carpet.
    Where were you?

    Would I be able to remove myself from the obligation to repay damages?
    Since you know the dog is not permitted, and yet the dog is there, probably not. "Not my dog" will not excuse you from your lease obligations.

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