roommate uses drugs: can I break lease?

[LS]

I recently moved into a share already occupied by two roommates. One of these roommates is on the lease. I also signed the lease.

After moving in, I discovered that the other roommate on the lease smokes and uses cocaine in the apartment's common areas. She did not mention these things before I signed the lease, and she is not willing to compromise in her behavior.

Because of these things, my living situation has become intolerable. I don't want to breathe in secondhand smoke, and I don't feel safe having illegal drugs in the house. I complained to the landlord, but he doesn't seem willing to do anything.

Do I have any legal right to kick out this roommate or break the lease myself? Does it make any difference that she is engaging in illegal behavior?

[Imp]

I've heard of landlords evicting tenants for illegal activities in their apartments. And if the cops show up in your apartment for any reason, can you prove the illegal drugs are your roommate's? It seems to me that if you don't move to evict your roommate, you are permitting a nuisance under Housing Law. And you are also vulnerable to being charged with felony possession of drugs. There are plenty of innocent people who've been falsely arrested and pressured/intimidated into pleading guilty to drug possession--after being falsely accused of possession by dealers looking for lighter sentences. If your roommate's dealer knows your name, or if your roommate starts dealing, what's to keep that from happening to you?

It's tricky to screen drug users out of share situations because drug use is fairly common and people who use drugs often deny it. But it's always good to ask if people like to "party", and if so how.

Smokers are more likely to admit they smoke. It's always good to ask when they had their last cigarette. Some smokers agree to only smoke outside the apartment--but it's an inconvenience and tends to be a source of frustration/irritation to them.

Cocaine use and tobacco use are self-destructive behavior. Self-destructive people may be an increased hazard to others in general. Many fires are started in crack houses, and by cigarettes.

[Imp]

I just re-read your post and see that the drug using roommate apparently occupied the apartment before you moved in. If you didn't ask whether he/she did drugs/smoked before you moved in, then this creates a different ethical situation. Even though that person is breaking the law, substance abuse is considered an illness, and people tend to relapse into it after rehab.

Since the landlord did not allow you to be removed from the lease, the legal and ethical focus would now seem to be against the landlord. Pursuing this in court could land you on the Landlord Blacklist, however, which could prevent you from getting an apartment in New York ever again. That's probably what would happen if you've never been to Housing Court in New York before.

If that's the case, why should you risk never getting an apartment in New York again plus the lost wages and time spent in court--just to protect a roommate who did not disclose their illegal drug use and their tobacco use to you before you moved in?

[cestmoi123]

Why would you complain to the _landlord_ about your co-tenant? So long as the tenant isn't creating a nuisance or danger (i.e. dealing out of the apt), the landlord's ability to do much about it is extremely limited.

If you really want to deal with this, tell your roommate that if he/she continues to use drugs in the apartment, you will call the police and tell them all the details (i.e. what you saw, exactly when, etc.).]

As for breaking the lease, this isn't a landlord-tenant issue, it's a tenant-tenant issue - do you have some sort of written roommate agreement?

[LS]

I don't want to take my landlord to court for that reason and because I think this problem must have a more benign solution. I haven't flat-out asked him whether I can break the lease but I am hoping to find out whether I have any recourse if he says no.

As a lease-holder, am I within my rights to find a sublessor to replace me until the lease is up?

No, there's no written roommate agreement.

[Imp]

Tricky thing with cops is, historically some of them have been linked to the cocaine dealing network. Better hope and pray that if you do call the cops you get non-corrupted officers reporting to non-corrupted senior officers.

How about photographing and videotaping your roommate when he's doing drugs in the communal areas? Then at least you have evidence that any drug residue was left by him and not you. And maybe documentation would dissuade him from doing it there. Leaving pamplets from drug rehab centers on the coffee table might not hurt anything either.

[NODEAL]

I would go to a police station (anonymously) and
ask them what to do in the event that you should ever
encounter such a situation in the future.

Don’t make a formal complaint.
Just ask for advice. (It’s a start.)

[Imp]

Ditto. And please tell us what advice the Police give you, since we could all benefit. This situation could happen to almost anyone.

[Emeraldstar]

Hi All
Another take: see how you can discreetly film the activity. If you get a good filming save it outside of your apt. Also ensure you get a pattern of the activity. Have a talk but stay firm you want out of the lease and your dep back. State the reason and extend a copy of a small part of the film. At the very least if the person does not want to let you out of the lease you have something very valuable to take to court to have the issue resolved. You'll may need an atty as well?

As for going to the police I'm not convinced that is such a good idea. You may be raising a red flag towards survaillance and if a bust should occur the officers you spoke to may drop the ball in communicating your honesty thru such a quagmire as a precinct. Their focus is #'s of arrests not tenant issues.
Stay on this person & leave as soon as you can. Good Luck

[lofter1]

Seems that you have not taken the LOGICAL Step ONe, which would be to tell the roommate that you want to leave / break your lease and explain why.

Maybe the roommate wouldn;'t be sorry to see you go.

Before you go to the police / courts / and engage in all this other suggested narc-y behavior you might try what could be a much easier route.

BTW: Kicking the roommate out might be nearly impossible, could take years and will be very expensive.