What can I do if my lease allows for 2 dogs and my housemates brought in a new girl with a 3rd dog without my consent?

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What can I do if my lease allows for 2 dogs and my housemates brought in a new girl with a 3rd dog without my consent?

My landlord hasn’t done anything. The way I see it, the lease has been broken and I should be allowed to move out without penalty. I don’t think I’ll be able to sublease my room with 3 huge dogs. Can I ask my landlord to release me from the lease? Do I get my deposit back? Am I responsible to fill the room myself or pay the rent until the room is filled?

Asked on March 31, 2012 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

Although you may indeed be correct about the breach of the lease agreement, you can not take things in to your own hands and simply move out and not pay rent.  The landlord is the only one that can let you out of the lease (except a judge of course) and yes, you would be responsible for continuing to pay the rent.  You need to read the lease and speak with some one as to your rights against your co tenants here.  You may be able to have the dog removed.  Good luck. 


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