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Roommate is breaking lease terms - help! (Real Estate & Property Law)

Fri, 26 Dec 2008 20:48:00 GMT
Tags: 12-month, arizonabrbackground, breaking, estate, friend, house, law, lease, property, real, roommate, state, terms

What is the name of your state (only U.S. law)? Arizona
Background: A friend and myself signed a 12-month lease in May for a house and in July added a girl to the lease, we'll call her C. I am the only one with a co-signer (my mother), so essentially we are all on the lease and have all agreed upon paying rent, etc etc, however there is no stipulation as to how rent as divided, and frankly the landlord is happy as long as he gets rent on the day it's due.
My Situation: For the last two months, C's girlfriend has been living in her room with her. Not only is this an issue because it makes my friend and I uncomfortable, but she also has not made any contribution to utilities.
We initially allowed the girlfriend to stay the first week or two without protest because she had been kicked out of her house (because her parents found out she is gay), we knew it had to be tough and figured it would be short term. After one month we started asking when she was leaving, and by now we are quite near three months. We have directly told C that the girlfriend needs to go, but C seems to think since they are sharing the room that it shouldn't be a problem.
I know this is directly breaking the terms of the lease - no one should be living here that is not on the lease. I'm sick of all of this entirely and at this point my only concern is that with one less roommate the rent will be much more expensive for my friend and I.
Should I tell me landlord that she has been breaking the lease and see what he's willing to do? Will she potentially get kicked off the lease, leaving my friend and I to make up for what she would have been paying in rent?What is the name of your state (only U.S. law)?

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  • Sat, 27 Dec 2008 00:55:00 GMT(1)
  • Of course, the landlord will probably evict ALL of you.
  • Sat, 27 Dec 2008 01:11:00 GMT(2)

  • Quote:

    Originally Posted by BL

    General Information:
    Notice to tenant of specific lease violations and actions necessary cure said violations. Requires tenant to cure violations within specified time and notifies tenant of landlord's intention to re-take premises if default remains uncured. Note: By law, a tenant must be notified of a violation and provided a specified period of time to cure or rectify the violation.
    Request the LL to send this roommate a notice about the friend .
    Although as was stated the notice might come for ALL lease holders.

    Thanks! That might just do the trick, since I clearly can't get through to her.
  • Fri, 26 Dec 2008 22:57:00 GMT(3)

  • Quote:

    Originally Posted by Hot Topic

    Talk to the landlord. The roomie is violating the lease by allow an unauthorized person to live there, and you're violating the lease because you know she's there and shouldn't be. The landlord could start eviction procedures.

    Thanks so much for your advice - I was thinking that would be the best course of action, but a concern I have is that the two of us left will have to pick up the slack on the rent. I don't recall anything in the lease terms stating a breach-of-lease amount (I did recently look over it)... I'm a bit hesitant because of this.
    Again, I really appreciate your comment - this is really out of hand and I regret not saying anything before.
  • Fri, 26 Dec 2008 22:10:00 GMT(4)
  • Talk to the landlord. The roomie is violating the lease by allow an unauthorized person to live there, and you're violating the lease because you know she's there and shouldn't be. The landlord could start eviction procedures.
  • Sat, 27 Dec 2008 00:58:00 GMT(5)

  • Quote:

    Originally Posted by ecmst12

    Of course, the landlord will probably evict ALL of you.

    that's always a positive thought...
  • Sat, 27 Dec 2008 01:09:00 GMT(6)
  • General Information:
    Notice to tenant of specific lease violations and actions necessary cure said violations. Requires tenant to cure violations within specified time and notifies tenant of landlord's intention to re-take premises if default remains uncured. Note: By law, a tenant must be notified of a violation and provided a specified period of time to cure or rectify the violation.
    Request the LL to send this roommate a notice about the friend .
    Although as was stated the notice might come for ALL lease holders.
  • Sat, 27 Dec 2008 01:22:00 GMT(7)

  • Quote:

    Originally Posted by likethecolor

    Thanks! That might just do the trick, since I clearly can't get through to her.

    Be aware though if the violation isn't cured by X date , the LL can go to the next step of eviction , if the LL choses , against all of you .
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