Q: I rented from a 35-year-old single female homeowner. We were to share her two-bedroom, two-bath house. She was polite and reserved when she showed me the house. We talked about sharing all common areas (kitchen, food pantry, living room, basement, and yard). She had three sweet small dogs, which she led me to believe were trained and housebroken.
We had talked openly about no drugs, no heavy drinking or partying, and no bringing strange men back to the house. The house was clean and everything was neat, so I signed her standard two-page lease without concern. I moved in the next month. The move itself cost me about $600, and I had to give her a security deposit plus first month's rent of $600.
After my move, she offered to help me unpack. I noticed actions that seemed odd. As she unpacked, she placed my kitchen items where she wanted them, and started co-mingling my things in with hers. She never asked permission or showed me where she was putting things. She took certain items down to store in the basement and placed towels and sheets in her armoire downstairs. I needed to get things unpacked so I thought I would address the actions later.
As time went by, her behavior was erratic and chaotic. She'd go back on everything she promised, such as storing things in the basement and sharing the kitchen. She would suddenly pull things out of the kitchen cabinets and tell me to get rid of things I wasn't using. I had saved my moving boxes because the lease was only a year-long, and she threw them away, some behind my back and some she demanded I remove right then. She filled the food pantry, refrigerator and freezer with all of her items so all I could fit was a carton of milk and yogurt.
She started cooking her own dog food and took over the kitchen daily, making and leaving a dirty mess. She used and broke many of my items, and had no memory of what she said or promised day-to-day. When I bought food, she ate it saying she thought it was hers. She didn't eat her own food saying she thought it was mine. Her memory loss scared me, and her other behaviors were intolerable.
I also innocently discovered two open bags of stockpiled prescription drugs for bi-polar disorder. I was totally freaked out. She never told me she was bipolar; her friend eventually did, but I knew something was terribly wrong with her. I had nicely complained about everything, but I knew she would not be able to change or control herself. Also, her dogs were not trained, and they peed or pooped anywhere.
After living there for two months, I had to move out. I moved on the day she was returning to town, because I was taking care of her dogs and I would not have left them ,even though she was not paying me for dog-sitting. I did not pay the next month's rent. I didn't ask for my security deposit to be returned, but I think it should be. She had not told me about her medical condition, and her overall personality made living there crazy. I think she should cover my moving in/out costs and my deposit.
A: Numerous people live with roommates to save money, and those situations often end with at least of the renters breaking the lease and accepting the loss of money. Your situation sounds far more serious than simply not liking the roommate due to irritating habits. Her deep personality problems sound like she made life unsafe and unbearable for you.
According to Eugene K. Hollander, partner of The Law Offices of Eugene K. Hollander, "The relationship between the landlord and renter would be generally governed by the terms of the lease. Based on this landlord's actions, the renter would have a good argument for the position that she was 'constructively evicted.' This term refers to situations where the landlord created an impossible living situation for the tenant, causing the lease to become null and void. A constructive eviction would relieve the tenant from the balance of the obligations under the lease. A security deposit is generally furnished to reimburse the landlord for potential damages. If the renter caused no damage, the landlord should refund the deposit." It's questionable whether the landlord would be held liable for moving expenses, but the renter should consult a lawyer in the state in which she lives, as state laws vary.
To protect from this happening again, ask the landlord for references from past tenants. Most individuals will not openly divulge someone's medical problem, such as bipolar personality disorder, but if tenants seem hesitant to recommend renting from someone, accept that uneasiness as a warning that something is wrong. Leases are legal documents and should not be taken lightly. Try to include all issues that would threaten you as the renter.
Email your questions to workplace expert Lindsey Novak at LindseyNovak@yahoo.com and follow her on Twitter @TheLindseyNovak. To find out more about Lindsey Novak, visit the Creators Syndicate Website at www.creators.com.
Photo credit: Missouri State Archives
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