Legal Question in Real Estate Law in North Carolina

Sub Leased Rental Contract/Breaking a Lease

Signed a lease for a room in a 3 bedroom rental. After several months of living with a person whom acted irratic/controling/antisocial/passive agressive I have decided that I must leave this unhealthy living situation. I am now being threatened with a law suit by my ex roommate. I have offered to find a new teant to take my place but he has refused. I am not the first tenant to move in with this man and leave shortly after. Apparently I am his 10th roommate in approx. 5 years. Do I have any ground to stand on in getting out of my sub lease?


Asked on 2/24/05, 5:59 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Sub Leased Rental Contract/Breaking a Lease

You may have a claim of constructive eviction against the other person. You should locate the other former tenants and get their cooperation in presenting your case. Notify the person you sublet from that you are moving.

Read more
Answered on 2/26/05, 4:48 pm
Daniel Harrison Berger Harrison, APC

Re: Sub Leased Rental Contract/Breaking a Lease

(1) the roomate has a duty to mitigate, which means he has a duty to re-sublet the premises to a qualified and willing tenant. If he refuses, he will not be able to recover anything from you.

(2) the roomate's behavior may have resulted in a constructive eviction of you, which would permit you to sue him/her. A constuctive eviction occurs when the landlord (your roomate) creates an unlivable situation that results in the tenant being essentially forced to leave.

Read more
Answered on 2/26/05, 10:49 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in North Carolina