I need to know how to get out of my lease with my roommates and their guest!?
I signed a lease with a couple people that I work with and before we moved in they assured me that there would be no wild parties every night because they knew I just wasn't that kind of person. A day after moving in the partying started and didn't stop until my girl roommate got pregnant with her free loader boyfriend who lives there and uses more of the apartment than I do but yet is never asked to pay a cent because he is friends with both my girl and guy roommate. I have confronted my roommates about him being there but I was told that I just needed to get over it. And on top of that there is illegal activity on their part going on. I feel like a stranger in my own house so I stay with a friend. This month I did not see the inside of my apartment for more than 2 minutes. Is there a way to make the freeloader boyfriend take my spot on the lease or should I just move out completely but continue to pay rent? I am tired of sleeping on couches!!!
When you sign a lease with others, you create a "co-tenancy" in which all who sign the lease are "jointly and severally" responsible for the lease payments and full compliance with the lease terms. Even if you leave the apartment and continue to pay the rent there, you could still be responsible for damages and unpaid rent caused by others remaining on the lease, so that's not a good idea unless you know the other tenants will be responsible.
You also can't force an untenanted occupant of an apartment (the freeloading boyfriend) to become a named tenant on the lease if he doesn't want to be a tenant. And you would need the landlord's approval to replace your tenancy with another person.
I suggest you move out of the apartment and send the landlord a certified letter stating that you have been "constructively evicted" due to an "unauthorized occupant residing in the apartment who is not named as a tenant on the lease." This should be sufficient to cause the landlord to either 1) evict the freeloader boyfreind or 2) accept him as a replacement tenant for you. Either way, the certified letter should provide some protection for you.
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