What legal recourse does my 17-year old have when her 3 18-year old roommates smoke marijuana and drink illegally in the apartment?

Get Legal Help Today

 Secured with SHA-256 Encryption

What legal recourse does my 17-year old have when her 3 18-year old roommates smoke marijuana and drink illegally in the apartment?

She is so uncomfortable with their late night noisy partying that it is interfering with her schoolwork. Also, her asthma is acting up. She is freaking out.

Asked on November 29, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Getting out of a lease is never easy or fun.  However, her remedies will be set out in her lease agreement.  Most lease agreements have provisions that prohibit any tenants from consuming illegal substances, like marijuana.  So, one of her options is to tell the landlord about the events and request that he evict them for this lease violation.  If he refuses and the acts continue, then she should follow-up with a written demand letter regarding the right to a habital condition and the fact that their actions are making her use and enjoyment uninhabitable.  From here, the landlond may evict one or all.  Some landlords, quite frankly, just don't care.  At this point, she would either need to go "up the chain of command" with the leasing company, or move forward with breaking the lease.  Even though she would have an argument that her use an enjoyment were impeded by the roommates actions, and the landlord refused to act, they may still come after her for the balance of lease that she was obligated to pay.  From that point, she would need to file a counter-suit based on the factors discussed above. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption