Can Ii get out of a rental contract due to my roommate’s behavior?

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Can Ii get out of a rental contract due to my roommate’s behavior?

I am a student living in student housing. When I moved in, I signed a contract stating that I would not drink or use drugs on the premises. My roommates have broken this multiple times, and I’ve contacted the leasing office multiple times with no response. I just met with them and they said that there’s nothing that they will do, even though a few months ago everyone was threatened with eviction. Is there any way I could take them to small claims court to get out of my contract so that I can move somewhere else?

Asked on December 12, 2016 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, you can't get out of your lease because of your roommates' bad behavior. The lease is a contract: a party on one side of the contract (e.g. a tenant) can only get out of it if the party on the other side (e.g.the landlord) breaches or violates the contract in some material, or significant, way. However, breaches or violations by other tenants do not allow you to terminate your contract with the landlord; only if the landlord him/her/itself violates its contractual obligations can you escape the lease.


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