Legal Question in Landlord & Tenant Law in Kansas

lease agreement

my daughter moved out of a duplex that she was sharing with 3 others without giving the agreed upon 2 months notice. The reason is because one of the roommates, who happens to be the landlord's daughter, helped herself to my daughters bed for entertaining and her groceries. She locked herself in the room. A screaming match followed where the landlord's daughter was throwing things. My daughter feared for her safety and felt violated by the roomie. Now the landlord is sueing for back rent even though he knows the extenuating circumstances involving his daughter. We go to court in a couple of weeks. Is the lease still binding even though our ''rights to privacy'' were violated? Can the parent be held accountable for the actions of the daughter who made viable threats to our daughter? Can the judge find that one incident has nothing to do with a legal and binding lease agreement?


Asked on 11/11/08, 6:27 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: lease agreement

Most of your questions are fact ones. That is, the answer is determined by the facts of the particular situation. A judge could find that the room mate's actions forced your daughter out of the leased space. But, the judge could find that the familial relationship between the rooom mate and the landlord, does not excuse your daughter from her obligation to the landlord. There is no clear Yes/No answer to give you, without knowing all of the facts of the situation. You may want to hire an attorney to hear of the facts from your daughter and give her advice as to her particular situation.

Good Luck

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Answered on 11/11/08, 10:12 am


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