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Question About Ending Lease/subleting Apartment

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Old Jul 13, 2008 | 03:18 PM
  #1  
Tibbychick's Avatar
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From: Mississauga, ON and Long Island, NY
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Hey all. First of all, sorry for rambling.

Jed and I shared an apartment in Toronto while I was a student up there, but I had to move back home to NY when my visa expired. So while I lived back at home waiting for my new visa, he signed a new lease in a new apartment with a roommate.

The original plan for when I moved back in would be for us to continue to share the apartment with the roommate until the lease expires in February. However, I recently visited and after seeing how this roommate lives and conducts himself, I can't live with him. He is a heavy smoker and drinker (I don't smoke/rarely drink). He does not clean up after himself at all, and leaves empty beer bottles, cigarette butts, and dirty dishes around everywhere. The worst was one day me and my husband came home to find him passed out on the couch, lit cigarette in hand, and the stove on high.

Now, I have 2 cats, and there's no way in hell I would let them live in these conditions, never mind myself. The building has a pretty bad roach problem as it is, and his habits do nothing to try to keep the bugs away. Plus, I will be working full time as well as going back to school full time, so I will have no time or patience to be cleaning up after him.

So, I have refused to move back in unless Jed finds an alternative. Question is, what are our alternatives? The roommate's name is on the lease with Jed's. But is there anyway we can kick him out? Is there a way for me and my husband to break the lease with the landlord, or will the roommate have to agree to it (he won't)? We've posted ads on Craigslist trying to find someone to take Jed's place in the apartment, but with no luck. I've urged Jed to read the fine print in the lease to see what it says as far as ending tenancy, and to talk to the super about our situation (she's a very nice and understanding person and I think may be willing to work with us), but he's being stubborn. He wants me to just come there and deal with it. Which, I could if I didn't have to worry about bugs and my cats, and having to clean up after someone all the time.

My visa is only good for a couple months, so I'm pretty anxious to find a solution pretty quickly. Thanks in advance for any help.
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Old Jul 13, 2008 | 03:50 PM
  #2  
mwood's Avatar
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From: NAS Patuxent River, MD
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well im pretty sure any lease you break, you will be responisble for the rent until they rent out the apartment...

Also i dont think you could do anything as far as kicking him out because his name is on the lease...now if the person was just listed as an ocupant then you could kick him out...

also just to give a heads up, I know some apartment companies I have dealt with in the past do random inspections (just to make sure there is nothing broke) and if they see the apartment messed up, people listed on lease could get in trouble...maybe different in Canada but I doubt it
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