Does an assignee have recourse against roommates violating lease terms? Can co-tenant violations excuse assignee's obligations?

Asked over 1 year ago - Santa Barbara, CA

My sister's a student sharing an apartment with 5 other girls. Most of them leave the apartment filthy, including full garbage bags left inside for days. Two have girlfriends over regularly, with one spending about 25 nights a month there. She's of course not on the lease, verbally abusive to my sister, and gets into fights with the roommate-girlfriend, resulting in holes punched in the walls.

My sister's assigned lease is up at the end of June, but she wants out early because she's miserable there. More pressing, she has an intern opportunity in DC, but can't afford it unless she can sublet (or get out of) her lease. As you might imagine, a fetid, littered apartment is not so appealing. Does she have options through the landlord? Should she break the lease and stick them with her share?

Attorney answers (1)

  1. Rixon Charles Rafter III

    Contributor Level 20

    Answered . If she breaks a lease, the LL may sue her. The 25 month visitor should be reported to the LL as it may violate the lease and LL can ban her. Your sister may be held liable for the holes in the wall.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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