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3 roommates are on a lease. 2 want #3 gone. What can they do if #3 refuses their offer to buy out his lease?


Two roommates are very unhappy due to the living environment the third roommate creates. Chores aren't shared. The roommate isn't respectful. There is hostility when efforts are made to delegate house responsibilities. All three are on the lease. Are there any rights that the two have to enforce a peaceful leave of the third tenant? They are willing to accept responsibility in rent and security of the apartment with the leasing office. They just want the third roommate gone but the roommate won't leave; fully knowing they have it made because they have two maids and a cheap kick *** fully furnished (through none of own doing) apartment.

What an interesting situation. Here are a couple of alternatives:

1. TURN OFF THE UTILITIES/ELECTRICITY -- Under whose name are the utilities (electricity, phone, water, etc.)? If #3 is as irresponsible as he/she sounds, I doubt their name is on any of the utility bills. If the utilities are under #1's name (or #2's name), then they can turn off the electricity, phone, cable, water (anything that the apartment itself doesn't provide). That might drive out the pesky roommate 3, but unfortunately it might cause 1 and 2 to suffer as well. (They should confirm that turning off the utilities does not violate the lease in any way.) Perhaps 1 and 2 can stay with friends while there is no electricity in the place. Then Roommate 3 will be forced to do one of the following: Stay there in the hot/cold 19th century world with no electricity; Get the utilities turned back on under Roommate 3's name (at which time Roommates 1 and 2 can return and run the dryer non-stop which would drive up the electricity bill for which #3 alone would be legally responsible); Move out (at which time 1 and 2 will have achieved what they want). Unfortunately, this would cause a lot of inconvenience for 1 and 2. But it might be worth it.

2. BREAK THE LEASE AND MOVE OUT (MY PREFERRED OPTION) -- Although the Utilities strategy sounds like fun to watch, I think a better option would be to cancel the lease with the apartment manager (paying whatever financial penalties are necessary, forfeiting whatever deposit is necessary, etc.). If Roommates 1 and 2 talk to the apartment manager and make arrangements to relocate to another unit in the same complex, the property manager may not penalize them too severely (if at all) for breaking the first lease (since the apartment complex would not be losing anything). The apartment manager may even let 1 and 2 break the first lease and sign a second lease (without 3) on the same apartment unit (at which time the locks should be changed and the stuff belonging to 3 is tossed out). The apartment manager cannot stop them from cancelling the lease (and paying the penalties). If life is that miserable, the money lost in penalties may be a small price to pay.

Good luck!

PS -- Please post an update regarding how this all works out! I'm very interested to hear what happens.

Talk to the manager you signed the lease with, explain your situation and ask for advice. He might have some ideas. He knows that problems in an apartment often spill out and annoy other tennants and don't bode well for the future condition of the place.
If he can't think of anything then call the tenancy board and see if they have any ideas.
I sympathize as I was one of three roommates with one being totally self absorbed. She literally told us that she was too good looking to worry about dishes and cleaning.

Nothing...ALL of you signed a legally binding contract, ALL of you are responsible for it.

Just because #1, #2, want #3 out, does NOT equal that you have the legal authority to make that decision....#3 has just as many rights to the apartment as 1 and 2.

The landlord, despite what anyone will tell you, is ALSO bound by the agreement. So if your #3 doesn't want to leave, and has a signed lease where is is on it, the landlord cannot change the terms of the lease and ask him to leave until the lease is up. The landlord would be in breach of the lease agreement if #3 doesn't want to leave.

Petty roommate issues, is not the landlord's problem.

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