Should I allow landlord to terminate lease?

[Jai87]

What is the name of your state (only U.S. law)? Georgia

Long story short, I started renting this house with a friend almost three years ago. That friend then went suicidal and had to be put in a mental hospital and I was stuck in the lease. So I got three friends to move in with me, its a huge house and everything was great.

My landlord knew about it, she has even referenced them being there several times but has otherwise never said it was a problem. Now, 2.5 years later, I had a family emergency and had to go to Europe for three weeks. The yard was unkept while I was gone and the landlord came to do an impromptu inspection and sent me a certified letter stating that I was under default of the lease with the yard and also with my roommates. The letter also clearly stated I had until June 20th to fix these problems or I had to be out by July 20th and all rent had to be paid through July 20th.

My roommates do not have the money she is asking for an application fee for all of them, we are college students after all. With all of this, should I just let her terminate the lease? I sent her a message asking her exactly what the termination entailed and if I had any obligations to the house following July 20th and she disregarded it and merely said just fix the defaults and you wont have to worry about it. Ideally I would love to move out but I'm not sure what that generally entails and she is being no help. There are 5 months left in the lease. I would love some feedback.

Also, the septic tank is leaking out in the yard and my hot water heater just had to be replaced because it quit working. While the people from ga gas were here they mentioned my last water heater (the one I lived with for 2.5 years) was very dangerous because it had no safety trip and they had mentioned it many times before to the owner and yet she had done nothing about it. Does that even matter, can I use that at all? Just curious.

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Georgia

Long story short, I started renting this house with a friend almost three years ago. That friend then went suicidal and had to be put in a mental hospital and I was stuck in the lease. So I got three friends to move in with me, its a huge house and everything was great.

My landlord knew about it, she has even referenced them being there several times but has otherwise never said it was a problem. Now, 2.5 years later, I had a family emergency and had to go to Europe for three weeks. The yard was unkept while I was gone and the landlord came to do an impromptu inspection and sent me a certified letter stating that I was under default of the lease with the yard and also with my roommates. The letter also clearly stated I had until June 20th to fix these problems or I had to be out by July 20th and all rent had to be paid through July 20th.

If she knew of the roommates, and you can prove it in court, than all you have to worry about is the yard.

My roommates do not have the money she is asking for an application fee for all of them, we are college students after all. With all of this, should I just let her terminate the lease?

How are roommates set up? Do they have individual leases or are you ALL under one lease?

I sent her a message asking her exactly what the termination entailed and if I had any obligations to the house following July 20th and she disregarded it and merely said just fix the defaults and you wont have to worry about it. Ideally I would love to move out but I'm not sure what that generally entails and she is being no help. There are 5 months left in the lease. I would love some feedback.

Answer the above question, it will determine your options.

Also, the septic tank is leaking out in the yard and my hot water heater just had to be replaced because it quit working. While the people from ga gas were here they mentioned my last water heater (the one I lived with for 2.5 years) was very dangerous because it had no safety trip and they had mentioned it many times before to the owner and yet she had done nothing about it. Does that even matter, can I use that at all? Just curious.

If these were issues, why didn't you bring them to her attention before?

If the septic tank is leaking, send her a letter, CRR, informing her of the problem and that it MUST be repaired or the city inspector will be informed.

 

[Jai87]

Thanks for your reply.

I have no physical proof she knew, she only mentioned it when she did previous walk throughs, such as "is anyone asleep in this room?" and she saw them a few times as well as their decorated, lived in rooms.

I am the only one under the lease, my three friends are not on it.
I didn't know the water heater was dangerous and I literally just got back from Europe and haven't had time to send a letter notifying her of the septic tank.
As I said before, I would prefer to leave however I know almost nothing about this process.

 

[sandyclaus]

Thanks for your reply.

I have no physical proof she knew, she only mentioned it when she did previous walk throughs, such as "is anyone asleep in this room?" and she saw them a few times as well as their decorated, lived in rooms.

I am the only one under the lease, my three friends are not on it.
I didn't know the water heater was dangerous and I literally just got back from Europe and haven't had time to send a letter notifying her of the septic tank.
As I said before, I would prefer to leave however I know almost nothing about this process.

For all intents and purposes, you are in violation of your lease for allowing unauthorized occupants to live in the rental unit. Your "roommates" are YOUR tenants, aka SUBTENANTS. YOU alone are held responsible for the terms of your lease, not the subtenants. If the people you allowed to live there didn't keep up the house, the yard, or inform you promptly about issues with the septic tank or water heater, you cannot blame the LL. She is the only one who communicates with you, and you are still held liable for anything that happens to the house while you are absent from it.

I suppose it is up to you if you want to "allow" the LL to terminate the lease. Keep in mind, however, it is NOT a good thing. When you are looking at other places to live, they will usually ask for a reference from your former LL, and you would NOT get a good one from this current LL because of these issues. Plus, even if YOU agree to leave, who says that all of your unauthorized subtenants will leave as well? They may try to stay in the rental unit, thereby subjecting YOU to an eviction on your record if the LL files against you as a result. Technically, if a subtenant remains in the property, YOU are still held responsible for unpaid rent and any liability as a result of their occupancy as long as they remain, whether authorized or not.

 

[Gail in Georgia]

"While the people from ga gas were here they mentioned my last water heater (the one I lived with for 2.5 years) was very dangerous because it had no safety trip and they had mentioned it many times before to the owner and yet she had done nothing about it. Does that even matter, can I use that at all? "

No. Gas water heaters have no "safety trip"; they are gas, not electric water heaters. They may possibly have meant there was no appropropriate overflow pipe or perhaps no pan under the heater to catch water in case of a leak. At any rate, this is a moot point since the heater has been replaced.

Gail