I moved into an apartment with two other people in January. Between January and March, they started using illegal drugs, moving in multiple people without talking to me (extra people not on the lease is a breach), went through my belongings when I wasn't around and I eventually moved out because they had several people waiting for me when I got home to attack me (because one of the people they moved in didn't like me). It's a ridiculous situation, and even though I moved out months ago and notified management, they won't allow me off the lease until July 10. They are getting evicted in 10 days so that's going on my record, as well as the cleaning expenses from them destroying the apartment. Is there anything I can do to get out of this? (Due to unsafe living conditions or something else?)
I am inferring that you were/are on a term lease rather than month to month. If so, then you are likely to remain liable to the landlord for damages, unpaid rent, etc. You in turn may be able to hold your ex-roommates liable for any damages you end up having to pay to the landlord (review it all with a local attorney before proceeding on that). However, if the landlord proceeds to actually file an eviction action in court, and elects to include your name on it (they shouldn't be often do), then it is important that you show up at the time and place specified in the Summons to tell the Judge you are already out and want it dismissed as to you. That will avoid you getting an eviction on your record. The one possible snag in this is the landlord may think he can serve you the Summons and Complaint by leaving it at the rental dwelling and your ex-roommates may not tell you about it. And if you don't know about it, you can't appear in court and you will likely end up with an eviction on your record. So, write the landlord (and keep a copy of it) reminding him one, you are already out and thus should not be included in any eviction lawsuit and 2) if he somehow does include you in such a lawsuit, he should serve you the documents at _______, (giving him a current address to serve them at). It won't guarantee that he will follow your instructions but it maximizes the chances and sets you up nicely for getting any Judgment against you that results from his not serving you properly, set aside, hopefully at his expense. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
I agree with Mr. Hillstad that you should appear and do whatever you can to get the judge to drop you out of the proceedings. However, you still may that find some of the mud splatters on you. Sometimes everybody gets tarred with the same brush, so choose your friends and your roommates carefully in the future. Wish I could be more helpful. Good luck.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline