Legal Question in Real Estate Law in Kansas
Trying to get out of lease
I�m a 20 year old college student I�m currently renting a house with 4 other friends. It is now 2nd semester but since first semester I have been having problems with a life long friend. I have been verbally assaulted to many times to count and have had him get in my face and get into a pushing match, but recently within the last few days the verbal assaults have turned more physical and I have made the decision to move out. I no longer feel safe in the house, my question is I would like to get out of my lease for these reasons my landlord is not a firm guy another roommate got out of the lease before school started last semester with no problems other than myself and my roommates making him pay rent until we could find a replacement which lasted the entire first semester for which we never did. We have the house until the end of Aug. and I no longer care with leaving my roommates to cover the rest of the rent if I can get out of the lease. Is there a way I can put pressure on the landlord to make him lean to let me out of it for fear of my safety? And if he does let me out could I be open for a lawsuit by my roommates for my part of the rent. Thanks for your time.
~ Troubled college student
1 Answer from Attorneys
Re: Trying to get out of lease
You state that you have legitimate fears of physical harm. If you do not report threats to the police, or seek a Restraining Order, you question the authenticity of your fears. No authentic fears, no right to get out of the lease based upon them. If your fears are real, and you make a police complaint, then perhaps the abusing room mate will move out. Then the question of continuing rental debt will be more their problem.
The usual first place to look is the written agreement for rental of the space. What does it say about early termination? You chose your room mate. It is unlikely that there is a clause allowing you to move out rent free if you no longer get along. But, there is probably something in it that tells you your obligation to the landlord. Will the other room mates prefer to keep you or the other person?
If the room mate is creating a nusiance or safety risk to the point that you cannot remain, and the lease does not allow you to move out and avoid owing further rent, then you may have to take civil action against the room mate causing the problem. If you can prove the bad activity, and the room mate will not leave and contiue paying their portion of the rent, you may need to move and sue that room mate for the new rent that you must pay. If you are moving from a group situation to an aprtment, it may be more than it was costing you to stay in the house. This would require you to pay rent at both places and get recompensed form the abuser for the extra you are paying, because of their interference with your quiet enjoyment.
Most universities have conflict resolution offices. If your room mate is also a student, you may want to avail yourself of that resource.
Good Luck
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