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Old 03-28-2013, 10:25 PM
 
479 posts, read 1,433,944 times
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I have a roommate who creates a lot of noise on purpose, slams doors, throws loud temper tantrums, and has even broken appliances, like a microwave. I don't have access to the lease right now since I am out of town, but do most apartments have a termination clause in which one tenant can be kicked out for disturbing the peace and/or destroying property? My friends and upstairs neighbors have observed or at least heard these outbursts more than once. This is a fairly nice complex, so I assume it would include an eviction policy like that.
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Old 03-29-2013, 01:45 AM
 
Location: Los Angeles County
118 posts, read 887,108 times
Reputation: 68
disturbing neighbors repeatedly should be a violation of most leases.
but disturbing you the roomate sounds like something you need to handle on your own.

maybe the landlord can kick him out, but you'll be paying his share of the rent until you find a replacement.
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Old 03-29-2013, 04:55 AM
 
10,746 posts, read 26,009,922 times
Reputation: 16028
Can you handle this unit on your own? If you evict, or have the complex evict your roomate, you're going to have to sign a new lease showing you can afford the place on your own.

I suggest you sit down with your roomate and have a chat. Tell him/her what's expected of them and tell them if they dont' shape up, you'll be asking/forcing them to leave.

You may talk to your complex and ask them how to handle this....if there are enough complaints about noise coming from your unit...both of you can/will be evicted.
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Old 03-29-2013, 05:09 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,682,675 times
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Quote:
Originally Posted by sidburn View Post
I have a roommate who creates a lot of noise on purpose, slams doors, throws loud temper tantrums, and has even broken appliances, like a microwave. I don't have access to the lease right now since I am out of town, but do most apartments have a termination clause in which one tenant can be kicked out for disturbing the peace and/or destroying property? My friends and upstairs neighbors have observed or at least heard these outbursts more than once. This is a fairly nice complex, so I assume it would include an eviction policy like that.
No, not generally and that specifically. If your roommate is a signatory to the lease and causes damage to the premises or continually disturbs other tenants then the LL can seek to evict but the proof and documentation has to be solid. This sounds more like a case where you unfortunately have a roommate who disturbs you more than anyone else and that's not something a LL either can or will address.
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Old 03-29-2013, 11:13 AM
 
Location: North Idaho
32,636 posts, read 47,995,345 times
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The landlord can not evict one tenant. He has to evict everyone in the unit. It's very difficult to get a judge to agree to evict for noise. Maybe you could all be evicted for damage to the unit, but it would have to be more than breaking the microwave.

If this is a situation where the landlord has rented out individual rooms to tenants of his own choosing, it will be different. But if you chose the roommate and you are all on the lease, the landlord is not going to be able to help you.

Perhaps you could persuade the roommate to move out and maybe the landlord will agree to take him off the lease. Maybe. You could always ask. Sometimes that works.
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Old 03-29-2013, 11:15 AM
 
Location: North Idaho
32,636 posts, read 47,995,345 times
Reputation: 78389
By the way, since you are on the lease, OP, you will be held responsible for all the damage done by your roommate.
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