Is it possible for me to break a lease that is co-signed if my health suffers from staying at the apartment? Problem Overview I live in an apartment in Georgia and the tenant above me is smoking a lot of marijuana every day and has been doing so for the last three months. While inside the apartment, I continuously experience health issues because I seem to be more sensitive to the fumes than the average person. This evening, for example, my resting heart rate within the apartment has been consistently hovering over 100. I suffer under the symptoms even when the fumes are very weak and barely noticeable. The fumes are entering my apartment through the HVAC system even when the system is turned off, my windows are open, and two air purifiers are on. I spend virtually every day in my apartment for almost the entire day. Steps Taken and the Current Stage I'm 33% through my 12-month-lease that I signed with my roommate and my roommate refuses to break the lease even if I pay for the termination fees. Upon complaining to the smoker, the smoker denies everything. However, the fumes could be smelled from his windows when he used to have them open while smoking. Ever since I complained, the smoker has been shutting his windows. My roommate and I have complained to the management company in writing but it seems that they are afraid to do anything, possibly because of potential legal repercussions from the smoker. I have called the police twice, but they arrived 30-60 minutes after the smoking occurred and the smell had already faded. Data When the smoking occurs, I also notice several red bars appear on my air purifier air quality indicator. Many samples of my resting heart rate with a sensor reveal that it is 65-75bpm when outside the apartment and 80-110bpm when inside the apartment. My roommate smells the marijuana fumes too, but is not as sensitive to the fumes as I am and only experiences a subset of my above symptoms at a much milder level. The tenant above the smoker also notices the fumes, but only barely. Questions Is it possible for me to break the lease? Is it possible for me to sublease, even if my roommate disagrees with every person I choose for the sublease? (postponed for another question) What is the recommended action for me at this stage?
Short answer: Yes, you can get out. However, this will be harder than you may want it to be. You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by arbitration (or an arbiter), you need to know that going into this. Arbitration clauses usually stipulate that the landlord picks the arbiter, who will almost always be predisposed to side with the landlord. This pamphlet sheds insight into the situation. Skip down to PDF page 22, section header "My neighbors are constantly playing loud music..." Summarized, you can get out but if other tenants are not as affected, it will be hard to prove it affects you differently. You do, however, have the benefit of knowing the particular situation is illegal (as compared to the pamphlet's example of playing music, which is only situationally illegal). First, get written, signed testimony from other tenants (your roommate, the one above the smoker, etc). Preferably, get these signatures notarized. The testimony should include an acknowledgement that the signer has smelled the marijuana and a statement about how often this occurs, along with the date of signature. Next, send a certified letter to your landlord. Keep a copy of this letter. In it, state your intention to move unless they fix the situation within thirty (30) days. Remind them you already have informed them of this situation. Inform them you have (hopefully notarized) testimony of the marijuana smoking from other tenants, remind them that this is illegal, and that this is affecting your health. You may also warn them that if they do not rectify the situation and you leave after thirty days, they cannot keep your deposit or charge you a termination fee- they have breached your lease contract through failure to maintain a safe and livable rental unit (a gentle reminder that you will seek legal action if they attempt to keep your deposit or charge you fees is appropriate). In the letter, request an immediate, written response with their intentions on the matter, and give a deadline (like 3 days from receipt). As a certified letter, you will know when they get it. The wording of this letter is important. You want to clearly state the facts without sounding self-righteous, angry, or vindictive. And proofread the heck out of it. If the landlord is faced with possible legal action for forcing an illegal tenant to follow the law, and certain legal action for trying to keep a legal tenant to remain in illegal, harmful circumstances, they may well decide to oust the smoker. If your scare tactic doesn't work, however, you should make good on the threat- really do leave after thirty days, and if they attempt to charge you for anything or withhold your deposit, you really should contact a lawyer. You should also, however, have the money saved to pay the termination fees, just in case. Because the smoke affects you differently, and there is no easy way to prove this, an unsympathetic court (or arbiter) may rule against you. (NOTE: I am not a lawyer, but I did have to break a lease and spent a good deal of time researching and discussing my situation with a lawyer. In the end I lost my deposit but did not have to pay any fees or missed rent.)
Unfortunately, your relative is more in the wrong here First, the COVID situation does not change anyone's rights and obligations under a contract (see What effect does an event like the current Covid-19 pandemic have on contractural obligations?). So the landlord (through their agent) is obliged to provide the property and your relative is obliged to pay the rent and to occupy the premises (most residential leases contain a requirement for the tenant to live in the premises and not leave it empty). Your relative (through you) has indicated that she will be in breach of her contract. The agent has considered her position and has offered two (IMO generous) alternatives: Allow her to continue with the lease without taking possession providing the rent is paid. To release her from her obligations under the contract and return the rent. To put it in perspective, if your relative simply "walked away", she would be liable for the rent until a new tenant was found and, if that new tenant was paying less rent than she was, the difference for the duration of the lease plus the costs of finding a new tenant - advertising, agent's fees (usually 1 month's rent) etc. Now, the landlord has an obligation to minimise your costs so advertising the property could just be prudent. However, if they lease it when your relative's contract has not been properly terminated then it is they who are in breach. Surely they can't take the rent and offer to re-let the property at the same time? Surely they can. What they can't do is relet the property without properly terminating your relative's lease. Would they even be entitled to retain the deposit under these circumstances? Absolutely. The deposit is to cover their losses if your relative breaks the lease - as she has indicated she is going to do (this is called anticipatory breach). Finally, I'd rather not go down this route but is there any protection for my relative for not being forcefully 'evicted' - since she's paid the deposit, rent - and those haven't been returned? Having never taken possession, she is not being evicted.
You would report unpermitted lock replacement to the home owner. The building code regulates new construction and renovations, and is not a requirement of any and all residences. This seems to correspond to a "secondary suite", which is supposed to be registered with the city (if it is allowed in your city). Here is a link for Vancouver, for instance. Such suites are supposed to be registered and inspected, the inspection being carried out by Development, Building and Licencing: By-Law Compliance &amp; Administration (a division of the city government). This article discusses some of the legal problems that can arise from an illegal secondary suite, however the penalties would land on the property owner, and he may not have approved of this subletting or the basement suite. A less-nuclear first step would therefore be reporting it to the property owner.
Whether it is legal to sleep in office space is generally determined under local zoning ordinances and wouldn't be uniform across an entire state. This said, the vast majority of localities would prohibit doing so under the relevant building and zoning ordinances of the municipality, or in unincorporated areas, the relevant building and zoning ordinances of the county. Typically, the penalty for doing so in violation of a local ordinance would be similar to the penalty for violating a minor to mid-grade misdemeanor, and each day you violate the ordinance would be a separate offense. Typically, the question under a local ordinance would be how the office space is being used. If the office space is being used for residential purposes, the building owner and/or tenant under a lease would be violating the ordinance. But, an isolated instance of falling asleep at your desk during the work day would not normally be considered to be a residential use of the property. If someone routinely spends the night at the office, not doing work, and has clothing and bedding and toiletries there, especially if the person doing so has no other residence, this would normally be treated as a residential use of the office building. This said, local code enforcement officials have great discretion to enforce such ordinances strictly, or to ignore arguable violations of them. A private citizen (perhaps a neighbor, for example) has no authority to compel the local government in question to enforce its ordinances as strictly as the law would permit.
This all depends upon where you are. I am a landlord and I am answering based upon the laws of the U.S. and the states that I operate in. First things first. You are not the property owner. While this does not limit the answer, it is a factor. You do not have the right to the property even if you have a key and the permission of the tenant. You are not the property owner, do not represent the property owner nor the tenant, and by contract do not have legal rights to the apartment. It does put you in a different situation. As a landlord, it is against the law for me to provide access to a tenants apartment to anyone without authorization. This, of course, precludes emergencies such as welfare checks. In the case of the police, a warrant is required or a form that the police fill out that allows the police to gain access. This would be used in cases such as when a spouse requires the recovery of personal property during a domestic dispute. A judges order is not always possible in these cases. These are often limited cases and the form absolves the landlord of liability even in cases where the police act incorrectly. So without a warrant or a form that certifies any lawful request, anyone including the landlord can be arrested for a crime. For your situation, a quick call to the landlord would have been appropriate. Without a warrant or certification, the police still had options including waiting for the person in question to either leave or return to the apartment or even request a warrant by phone. Often, the warrant, once signed by the judge, can be read over the phone. Any landlord should always have a paper copy provided within minutes since some cruisers will have a printer and can print the warrant. Your refusal appears to be legal. However, in the future, you can ask for a copy of the warrant that you provide the landlord. I do not wish to paint a negative image of the police who do the hard work that most people will never take on, they are after all heros, however, some do not know the law perfectly well especially tenant landlord law. As well, some will try and get away with skirting the law trying to get an important job done. It does happen. I hired a lawyer just last week for an illegal request unrelated to the question here. Addressing the OPs comment: Hello, I believe I misstated the situation a bit in that the locked door in question was for the apartment building and not a tenet's apartment itself. I have edited my question. Does this change anything? Technically, this does not change much of anything, however, the request by the police can be seen as a reasonable one. They just may want to talk to the individual which is reasonable. In this case, I might have let them in if the access I was giving them was to a common space such as a hallway. In this case, the outer door locks are only to keep Intruders from entering the building and not meant to restrict access for valid purposes. Are you in trouble? I would say no. If anyone asks, you can give reasonable arguments for your situation. However, the next time, consider what I have written here. The police have a tough enough time doing their jobs. If you can help and stay within the proper boundaries of what the law allows, that would be best.
In Germany, there is no statutory offense of “breaking in”. Instead, break-ins are (depending on the nature of the crime) prosecuted as trespassing (Hausfriedensbruch, § 123 StGB), criminal damage (Sachbeschädigung, § 303 StGB) and/or theft (Diebstahl, § 242 StGB). (Some cases may fit additonal statutory offenses, e. g. tampering with an electronic lock can be computer fraud (Computerbetrug, § 263a StGB) and hurting someone can be robbery (Raub, § 249 StGB) and/or personal injury (Körperverletzung, § 223 StGB).) This means: If your brother breaks the lock, then that's vandalism. If your brother walks in (without authorization), it's trespassing and if your brother steals your stuff, it's stealing. On top of that, since your brother is living in the same household as you, breaking into your room may also be considered domestic violence. The violence protection act (Gewaltschutzgesetz) is very harsh when it comes to domestic violence: The offender can be ordered by court to hand over their home to the victim and to stay away from the home. This means that if your brother breaks into your room, your brother may be removed from the house by court order. Non-compliance with a court order issued under the Gewaltschutzgesetz (e. g. your brother tries to show up at your house after he was ordered to stay away), can be prosecuted under civil and(!) penal law. You can read the English translation of the German penal code (STrafgesetzbuch, StGB) here (although I prefer to use German because all translations at gesetze-im-internet.de tend to be low quality): https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html And the Violence protection act is here (unfortunately untranslated): https://www.gesetze-im-internet.de/gewschg/BJNR351310001.html
Of course she is living with you. Clothes, toothbrush, cooking and eating, sleeping, I suppose breakfast as well, that's living with you. And it's not illegal, but it is apparently in breach of your leasing contract. I'd study your contract carefully to see what the consequences are if she is living for you for more than 14 days.
All laws (federal, state and local) apply to everybody, unless you have diplomatic immunity. That is, unless e.g. the federal government decides as a matter of policy to ignore certain federal laws. California does not have a law generally prohibiting the use of marijuana, though public consumption is illegal, minor consumption is illegal, and possession over 28.5 grams is illegal. So that is one less law to be concerned with violating. The federal law still exists, and has not been repealed for anyone. However, the federal government by policy is not pursuing marijuana cases in legal contexts in those states that have legalized marijuana. The complication for foreign students is that there are also immigration laws whereby you may be deported for a drug offense (that link is full of technical details on immigration and drug laws, worth reading). The immigration laws basically make it easy to penalize a foreigner (for example you might be deemed "inadmissible" so you cannot be re-admitted to the US if you leave; it just depends on what their grounds are for action). For example, "a noncitizen is inadmissible as of the moment that immigration authorities gain substantial and probative 'reason to believe' the noncitizen has ever participated in drug trafficking," which does not mean a conviction. It is reported that in California, DHS officers have treated minor infractions as "convictions," which means to be safe you have to avoid even infractions. It appears (and hire an immigration attorney if you want to test this) that trouble only arises if there is reason to believe you are trafficking, if you are a drug addict or abuser, if you are "convicted" (not necessarily "tried and found guilty," it also includes certain legal maneuverings), or if you admit to drug use (even in the case of home use under doctor's orders, i.e. a California-legal context). This incidentally includes non-use but working for the marijuana industry. It is possible that you could get stopped on the street by a random immigration search, and if you are in possession, then... it is not guaranteed that possession of a small amount of marijuana, when caught by federal authorities, cannot lead to immigration problems.