What to do if my son’s roommate wants to break his lease?

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What to do if my son’s roommate wants to break his lease?

My son’s roommate wants to break his lease because he caught him smoking pot in the apartment, can he legally do this?

Asked on September 22, 2011 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is the lease that your son's roommate directly with your son or a third party (actual owner of the property)? Meaning, did your son sublease the apartment that is being occupied or is your son the owner of the apartment?

If your son is the landlord of the apartment (either the owner or is subleasing it) and assuming that there is a written lease agreement between your son and his roommate, its terms control the obligations between them in the absence of conflicting state law as to how the lease can be terminated.

If the lease for the apartment is between your son, the son's roommate and the third party landlord, most likely the lease cannot be broken between the roommate and the landlord due to you son smoking marijuana in the apartment.


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