Breaking a verbal sublease agreement?

While it is possible for roaches to be present in a clean unit in a large complex with shared walls/floors/ceilings, it is not common for less dense housing to be in this situation. Because the OP mentioned the filth of the unit, it is logical to assume the tenants’ unsanitary living style is the cause of the pests.

If food is left out, if trash is overflowing, if plates of past meals are left in bedrooms and common areas, no amount of pest control chemicals is going to completely eradicate the stream of pests who will be attracted to the buffet in the unit. As I understand the situation, the pest problem seems completely (or mostly) caused by the tenants. This is why I recommend not implying in the letter that the LL has been negligent somehow. Until the unit is maintained in a clean condition, it doesn’t appear to be the LL’s fault.

If it is revealed that this unit is located in a high-density environment, I’ll reconsider this opinion.

Sorry I was unclear about this. Yes, mention the roaches as part of the filthy environment of the apartment.

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Thanks, super helpful. He is reading this.

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I am extremely sensitive to fumigation but landlords often feel they are discharging their duty by doing that and don’t particularly care about sensitivities . Legal advice might be needed for a case like mine, but not sure this son is sensitive.

I am very neat and clean and lived in a small apartment building with hundreds of roaches. I worked in a shelter where suburban church groups totally freaked at the sight of one roach. Believe it or not, that was also a clean kitchen and serving area. I don’t think cockroaches necessarily reflect bad habits on the part of tenants. Obviously leaving food out is not a good idea.

Again, with a low level cockroach situation like this one, how about a Roach Motel or other low level intervention.

How is the son going to get out of the September lease other than the landlord being agreeable?

If you would be so kind, please check your messages and get back to me asap. Thank you!

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Thanks for the update. Sounds like the living situation was not good.

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At first I thought that each tenant has an individual lease, and if that’s the case the son should take all steps to break his lease. If there is just one lease, I really doubt the landlord will let the son out of the lease unless the others find another person to sign the lease (or a sublease). What do the others want to do? If they can find a 4th and just have the landlord approve the new person, that could be the best solution. Get the landlord to officially release OP’s son and not require the son to arrange the sublease.

Each tenant does have their own lease.

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So it is not joint tenancy? We run into joint tenancy most often. With joint tenancy each tenant is responsible for damages done by the other tenants, in this case including past tenants since the lease is continuous. This would be easier to deal with if the lease is truly individual.

Check the actual lease for any paragraph regarding terms for breaking the lease.

Regardless, most jurisdictions–maybe all–place a duty on the harmed party (the landlord in this case) to mitigate damages.

I shared a copy of the email my son wrote with @Econpop , who gave excellent feedback. Thank you so much Econpop! The points stated were 1) that the place is dirty, 2) cockroaches, feces, and eggsacs were seen on numerous occasions, and 3) when son told current roommates why he was leaving, they admitted there had been a problem for years. 4) Son and college friend would like to break lease agreement and be fully refunded.

He sent it to the landlord this morning and the landlord said he will give them back the money. Son is feeling cautiously optimistic. My son is going to confirm with him in writing that this is the case and then he and college friend will look for a two bed place together. Landlord insisted that son forward the email he had written to the other three leasees for September, which son did. Current friend/roommate will probably be not happy about that either.

The landlord claimed no one in the apartment has told him about the problem and my son is mystified as to why they haven’t done anything about it. Is it because they don’t want him to see how dirty it is? My son is angry with his friend. Is it really possible the current roommate is unaware of what a cockroach looks like? WHY would you invite your friend into a gross apartment infested with cockroaches?

Not surprisingly, current friend/roommate is not happy that son and his friend are backing out. He is worried that the landlord will just shove anyone in the apartment. My son is losing nearly $1000 on this because he is going to pay the subletting roommate for a month. Never mind the hours and hours and hours spent packing, unpacking, researching what to do, rearranging flights as a result of no longer being where he thought he would be, and having to find a new place to live.

I think my son feels that right now, he and the friend in the apartment are not going to be friends after this. He feels foolish: he assumed that because it was his friend, the apartment would be fine. It’s a reasonable assumption for a young person to make. I keep reminding him that he has had a lucky escape. Imagine moving in, bringing the college friend in, and dealing with all this in September? Instead of losing one friend, he’d have probably lost two.

I will update when I have more info to share.

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Sounds like a life lesson learned. It stinks all around but I’m glad your son is able to get this resolved. An expensive life lesson.

And some people are just pigs, that’s my only way to think about living in filth

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I think the son is really lucky because he did actually look at the apartment before committing. The impact on others as he escapes is something to consider.

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Update:
Today, three weeks on, the landlord refunded the money he promised my son.

Son paid the subletting tenant a month’s rent. I think he is super relieved just to be done with the situation. It’s a bummer for the subletting tenant, but my son gave plenty of notice and the tenant has time to find a new short term subletter if he is inclined to do so.

A month on, my son feels he has definitely learned a lot from this. He is going to be much more careful going forward. Predictably, son and the (now probably ex-) friend haven’t spoken since he left the apartment.

Thank you @EconPop . Without your advice, this might have gone differently. Maybe my son and his friend should move into one of your properties, haha.

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