If my roommate is having a huge party at our houseand I cannot sleep due to the noise, can I call the copsand make a complaint?

My husband and I live with one other roommate in a house and we are all on the lease. My roommate is mad because we refused to pay the full amount of August’s power and water bills. We were gone 18 days on a trip to NY in and instead of the bills being lower, the bills were higher by almost $100 because he had a lot of parties while we were gone. So, I gave him money for 2 weeks worth of bills. He is mad and is planning on throwing a party on a night when I have to be up at 5 am because of school. If I can’t sleep due to the noise, can I call the cops on him without getting in trouble myself? I think he smokes pot too.

Asked on October 4, 2010 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that the best thing for you to do is to find another roommate or to find another apartment.  Does your lease allow you to sublet?  If not, I would consider finding another tenant to take your place and speaking with the landlord about substituting them for you.  That would mean breaking your lease so you need to make sure that if the landlord agrees that you have something in writing stating that they agree and that you are no longer liable for the rent form whatever day forward.  The landlord needs to sign the agreement or it will not be valid.  Calling the cos is really only a stop gap to continued behaviour and it will make him more angry and retaliatory.  But remember that you have the same rights to quiet enjoyment of your apartment as your roommate.  Good luck.   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.