Can I get out of my lease because of my roommate is abusing her medical marijuana card?

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Can I get out of my lease because of my roommate is abusing her medical marijuana card?

I signed a lease along with 4 other girls but at the time I did not know they were planning to smoke marijuana. Now I am the 4th month into my lease and I want to move out. I know one of the girls has a marijuana card but technically she has no proof of why she needs one. And when she gets the marijuana, she lets others to smoke it.

Asked on November 30, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Whether or not you can end your lease because of roommate issues depends upon the terms and conditions of the presumed written lease that you have with your landlord. As such, you need to carefully read your lease on the issue that you have written about in that its terms and conditions control the obligations owed to you by the landlord (and perhaps your roommates) and vice versa in the absence of conflicting state law.

Most likely based upon my experience with written leases, there will not be a provision in the agreement allowing you to end your lease with your landlord over the marijuana use. However, the use of marijuana in the unit may be a violation of the lease's terms by the other roommates.

I would contact your landlord about the situation you have after you have spoken first with your roomates as to a way to resolve the problem and if the situation is not resolved to your satisfaction.


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