Serving all tenants on Lease

[midi1221]

I'm in a dispute with my landlord,
who is a brand new landlord and has broken the lease in several ways.
The lease was broken by the landlord several different times, up to 3 months before any of the tenants decided to break the lease.

First, the lease was broken because the tenant who made the damages allowed her partner to live on the premises. The landlord neglected to do anything about the problem and never issued any paperwork stating that the tenant's partner could stay, nor was he put on the lease at any point.

Second, the landlord was aware of the growing of marijuana on the premises and neglected to do anything. I have written documents proving that he knew and did nothing.

Third, the police were notified about harassment occurring on the premises during a situation between myself and the said roommate/partner in which I was called derogatory names based on my sexual orientation. The lease states, "It is the policy of Owner that harassment or intimidation of a tenant, staff person or guests because of that person’s race, color, national origin, religion, sex, disability or familial status, will not be tolerated and could be grounds for termination of tenancy." The landlord neglected to do anything about these issues as well, despite the obvious fact that this dispute would halt us from living together in the future.

Question:

Landlord has threatened to sue everyone on the lease because of damages that were made by only one tenant (and her partner not on the lease). He is having difficulty locating the tenant that made the damages and is planning to sue the other tenants for the damages.

Is a landlord obligated to serve everyone on the lease? He seems to be showing a great amount of favoritism towards the other roommate (they have even been seen at the bars together!).
does he have the power to only serve the people he can locate?What is the name of your state?

 

[HuAi]

Sounds to me like the landlord did nothing wrong. Your roommate on the other hand did violate the lease multiple times. It's up to the landlord if he chooses to prosecute. Evicting someone is not as simple as "terminating a lease." The landlord would have to hire a lawyer and go through eviction proceedings in court.

When you signed the lease, you agreed that you are jointly and severably liable for all rents and damages to the landlord. This means that each of you can be held responsible in full. The landlord is fully within his rights to go after the most collectible tenants (you), and you are fully within your rights to take your deadbeat roommate to small claimns court for his share of the debt.

Next time screen your roomies better, and if he picks on you again, call the police. Your landlord is not your babysitter.

 

[Who's Liable?]

Sounds to me like the landlord did nothing wrong.

You may be incorrect. If the lease has a clause NOT allowing guests or "boarders" and any tenant will be evicted if found to be guilty, and the LL did NOT evict, than the LL violated the lease. Until we see the lease, it's up in the air.

When you signed the lease, you agreed that you are jointly and severably liable for all rents and damages to the landlord. This means that each of you can be held responsible in full.

Again, unless we see the lease, we do not know if the OP falls under this. Not all leases contain this clause.

The landlord is fully within his rights to go after the most collectible tenants (you), and you are fully within your rights to take your deadbeat roommate to small claimns court for his share of the debt.

ONLY if the OP signed a lease that made them joint and severably liable.

Next time screen your roomies better, and if he picks on you again, call the police. Your landlord is not your babysitter.

tenants cannot screen potential tenants, only LLs can.

 

[Alaska landlord]

To me it looks like your landlord failed to do a thorough background check on the whole lot of you. He should have given ALL of you a notice to quit the second anyone on the lease broke the agreement. The finger pointing routine does not count for much as you are all severally and jointly responsible for damages. As for the drama between you all, he did right by staying out of it. You want someone to referee go live with mom and dad.
Situations like this is the reason I don’t the multiple roommate routine.

 

[ecmst12]

The lease states, "It is the policy of Owner that harassment or intimidation of a tenant, staff person or guests because of that person’s race, color, national origin, religion, sex, disability or familial status, will not be tolerated and could be grounds for termination of tenancy."

Sexual orientation is not on that list. As disgusting as it may be to harass someone because of their sexual orientation, it does not violate the lease. You haven't included your state (which, by the way, is vital to answer your question), but sexual orientation is not a protected characteristic for purposes of fair housing laws in most states, either.

 

[MIRAKALES]

Federal Fair Housing Laws

Federal Fair Housing Laws
The major federal fair housing law is the Fair Housing Act. Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

The federal law does not cover discrimination in housing based on sexual orientation, but fourteen states plus the District of Columbia have passed laws that provide some form of civil rights protection for gay, lesbian, bisexual and transgender people.

http://www.fairhousinglaw.org/fair_housing_laws/federal_laws.html

 

[HuAi]

Of course you always screen your roommates...I haven't been a renter in years, but even back in college I would only room with people I knew well or if I had to put an ad in the paper I would certainly interview several candidates and screen them to the best of my ability.

Unless the landlord is renting a boarding house, he wouldn't be able to stick an extra person into your appartment without your consent.