When in a roommate situation where the landlord does not address problems caused by the other RM can constructive evection be used to break lease?

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When in a roommate situation where the landlord does not address problems caused by the other RM can constructive evection be used to break lease?

The roomates rotting food has regularly been left in the refrigerator for weeks at a time, causing nauseating odors and physical sickness. Internet access has been removed by RM without notice in common area where it had been available before and refuses to reestablish it. RM plays his volume extremely loud and well after 11pm & starts again as early as 5am. What recourse do I have as a renter with a lease? The home owner resides in another state, thus only the other roommate and I live in the house on a regular basis. I’ve also been lead to believe that I am the only tenant with a lease.

Asked on June 1, 2009 under Real Estate Law, New Hampshire

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Constructive eviction is between you and the landlord not you and the roommate. Tell the landlord and see if the landlord can break the lease with the one roommate. If not, contact the attorney general's office and see if anything can be done/mediated.   If your roommate doesn't have a lease -- i.e., he or she didn't sign a lease, how is he or she a tenant? Call the Sheriff's dept.

If not, then what you need to do is possibly break your lease and be responsible for the landlord finding a new tenant.  There are a whole host of ramifications with that. You would be responsible for the rent until the landlord finds a new tenant though the landlord has to mitigation his or her damages.


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