If I have to get an retraining order agaisnt my roommote will this allow me to move and break my lease?

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If I have to get an retraining order agaisnt my roommote will this allow me to move and break my lease?

Police have been called several times and verbal fights have become physical. She brings her family over to fight and she sends threatening text messages. I can’t come home to a fight everyday.

Asked on May 23, 2012 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, this will most likely not allow you to terminate your lease early. Your lease is a contract between you and your landlord; your obligations under it, or your landlord's rights (for example, the right to be paid rent) are not affected by the wrongful acts of third parties. Your roommate's verbal or even physical attacks do not allow you to break your contract with the landlord or deprive the landlord, who has not done anything wrong, of the rent you owe him or her. Even getting a restraining order will not support breaking the lease, since you have to honor your obligations under the lease so long as the landlord honors his or her obligations.


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