Have you ever broken a housing contract?

the noobie

the noobie

New member
I am curious on my legal abilities to break a housing contract. I currently live in a fraternity. Currently I sign a contract that goes for 1 academic year.
We have had a member that has made questionable choices for a few years now. To keep the story short though he recently did something that has me wanting to move out. He broke up with his girl friend. Got really drunk and did I don't know how much other illegal drugs. He started sending pictures of himself with the gun up to his head etc.
He did this while in the Fraternity House. Where its illegal to posses a firearm. He locked his door and our president wanted to check on him. I don't know what happened but it ended up in his door getting kicked in. He got pissed and started running through the house flipping furniture, pounding on peoples bedroom doors, etc. He was yelling at them telling them to get out of their rooms and confront him like men.
The cops were called, he was taken into custody and his firearm was taken. He was on a "probation" for 5 days and could not be on university property and was not allowed in our house. Now that suspension is up and he is free to return.

Honestly I am not comfortable living with this anymore. Is there a legal way I can break my contract without having to pay the $1000 break fee or taking a hit to my non existent credit? I have looked through Idaho Codes but can't see anything that may relate to this.

Just looking for input. I don't have the $1000 to spend on a break free but that is a lot cheaper than my life or getting drug into something else.
 
Bolt while you can. If they try to hold you go anyway. It. Is a whole lot better to be alive than to be cool. Call a real lawyer NOW.
 
Would it be easier to have him kicked out than you leaving? Get everyone together and not so politely tell him to vacate the premises. What do the other household members have to say about it?
 
I am currently looking for an apartment. Cant leave until then though. Im not too worried about being cool. This house was cool 4 years ago when I joined, now its full of a bunch of punks.

There was a little vote in the house. Only 4 or 5 people (me included) voted to kick him out. He gave some sob story that he messed up and was fixing that. He then said he needed our help to stay sober. Here is the kicker. He only needed help staying sober until his birthday (which is in 3 weeks.) Every semester he says he needs to quit drinking or doing what he does and that he needs help then he goes back to normal after a few weeks.
 
You guys should take his guns away from him for awhile. And I hope the rest of you keep your own locked up. Sounds the a ticking time bomb you have there. I'm afraid you haven't seen the last of this trouble though.
 
Per university regulation he can not have his gun for more than 24 hours. It is to be stored at the police station (like me and many other students store our guns) and he can check it out when ever he wants. But if his doesn't get returned within 12 or 24 hours the cops will come knocking. Its a start but still if he wanted to do something he could.

That is why I am wanting to remove myself from the situation and move out. Hate to play the mom card but I have one angry momma badger who is consulting her lawyer friend as to my legal rights of breaking said contract without the fees or credit hit.
 
Seems to me when living conditions be one unsafe, and threaten your safety, there could be some type of out clause. Contracts are 2 way streets, and the house has to be somewhere you feel safe I would think. Probably best to let your mom handle it with you at this point. Actions you take when young follow you for life, so some extra advice is always good. Chalk it up as a lesson learned, and get your own place. I wouldn't want to keep my guns at the cop shop either. What happens if you get robbed?
 
I am a real estate broker that specializes in property management.

No offense intended to anyone who responds, but the best advice you can receive is to ignore all of the advice you get on the internet. Now I am going to give you some advice.

Seek COMPETENT legal counsel and do what they say. I say competent, because not all lawyers are created equal. You would be amazed at the horrible(and flat out WRONG) info that I have seen lawyers give tenants because the lawyer does not know real estate law. Talk to a real estate attorney and ignore anything anyone else tells you.

Keep your emotions and opinions away from your actions. Your actions can have lasting effects.
 
Yes I am waiting for what the proper legal counsel says, I guess for now I was just looking for thoughts making sure I wasn't acting to rash.
 
24 hours? just think what could happen in 3 seconds with this drunk CHILD........

Had a friend i grew up with that would play the help card every 3-5 months, last 2-3 weeks then, off on a bender. Havent talked to him in 17 years after I booted his drunk [beeep] out at Portland International going 10 mph after he smashed my windshield, and tossed out beer bottles in down town..

Just leave. NOW.
 
Contracts mean very little when you have defensible reasons to break them. I don't blame you for wanting to vacate a potentially dangerous situation.

The contract has to be enforced and they won't enforce it under these circumstances. Write a well stated letter addressing your fears and move.

They might decide to remove the offending party because if he goes postal after being warned it could cost them millions in damages they opened themselves up to.

Good luck
 
Contracts mean very little when you have defensible reasons to break them. I don't blame you for wanting to vacate a potentially dangerous situation.

The contract has to be enforced and they won't enforce it under these circumstances. Write a well stated letter addressing your fears and move.

They might decide to remove the offending party because if he goes postal after being warned it could cost them millions in damages they opened themselves up to.

Good luck
 
Did you contact your national chapter because he could be a liability to them especially if anything happens. I'm sure they would want him removed.
 
Originally Posted By: AzDiamondHeatI am a real estate broker that specializes in property management.

No offense intended to anyone who responds, but the best advice you can receive is to ignore all of the advice you get on the internet. Now I am going to give you some advice.

Seek COMPETENT legal counsel and do what they say. I say competent, because not all lawyers are created equal. You would be amazed at the horrible(and flat out WRONG) info that I have seen lawyers give tenants because the lawyer does not know real estate law. Talk to a real estate attorney and ignore anything anyone else tells you.

Keep your emotions and opinions away from your actions. Your actions can have lasting effects.



Originally Posted By: CoyoteMDDid you contact your national chapter because he could be a liability to them especially if anything happens. I'm sure they would want him removed.



Have the real estate attorney write the national chapter a letter explaining the situation, addressing your concerns, requesting the problem child's removal from the frat house, and explaining the chapter's liabilities if he is not. Have it writen on behalf of, and signed by, all 4-5 of those who voted to have him removed, in that manner it does not look like a personal vendetta. A journal of times and dates that can be backed up by police reports might also be advisable.

 
Thanks all,

Yes our nationals are well aware, but in this instance our association board (the group of guys that technically own our chapter house) has more say and pull on this matter. Nationals is keeping their nose out of it.

I am technically also on our association board because of my position in the house so I am waiting for a meeting this week to see what they are thinking.
 
Have you asked them if you can leave, based on this issue and your concern for your safety if you can leave without the issue of a fine or loss?

I would also imagine that your Frat is on school grounds and if so, they most likely have a mediation requirement.

As someone that is tied up lately in court, most of the judges seem to always ask.. "did you try to resolve this before getting here?"

I agree with getting out. I would ask to leave without penalty, and based on what you are saying it's for cause and concern for your safety and don't want to be associated with a group that has that going on. If they won't let you leave without the penalty, then talk to the national office, if that doesn't work talk to the school,(if on campus)

Then talk to the lawyer. THey are pricey but worth it.

Good luck.
 
Yes I have rounded up a Posse, I am getting people to step forward and voice their true concerns. There is now 6 or so of us that are ready to move out if the house and association don't take actions. Doesn't sound like much but after they refund our money and loose our money for next semester it would potentially put them in a really rough spot. I am hoping that will be leverage to get everyone to do the right thing.

One guy has approached the exacutive board and stated that he does not feel safe and wants to break the contract, they are sticking to their guns saying that even if we don't pay the break fee they will withhold it from out refund check or even send it to collections. Upon reviewing the contract it does not list a monetary fee and neither do our bylaws. If that is the case then there really is no break fee but we have been charging one to people for quite a few years.

Tomorrow night the association is having a meeting. Starting to sound like they don't want to keep the kid but who knows won't know till they put it to a vote.
 
Thanks all

Association all felt the same way as I did. They all brought up my email I had sent them and they all voted to remove him from house. I am one of 3 in-house members that has voting power in our association. There was only 2 other guys in the meeting but my vote that was supposed to be secret has somehow been leaked out into the house.

Needless to say there are some people that are not to happy with me so I may end up moving out anyways. I am still hearing threats of violence against people who voted against him.
I am still curious though if I can get a $1000 fee for breaking my contract when no where in my housing agreement or house bylaws does it say that there is one.
 
Originally Posted By: the noobieThanks all

Association all felt the same way as I did. They all brought up my email I had sent them and they all voted to remove him from house. I am one of 3 in-house members that has voting power in our association. There was only 2 other guys in the meeting but my vote that was supposed to be secret has somehow been leaked out into the house.

Needless to say there are some people that are not to happy with me so I may end up moving out anyways. I am still hearing threats of violence against people who voted against him.
I am still curious though if I can get a $1000 fee for breaking my contract when no where in my housing agreement or house bylaws does it say that there is one.

Depends on the laws of your state. Your lease does not have to specify every detail of real estate law. Your lease could be 3lines long but you would still be responsible for state and federal laws.

research your state laws for breaking a lease. For example, in Arizona a landlord can charge you up top two month's rent in addition to any fees outlined in your lease for a breach of contract which results in a termination of that contract(with other variables).
 
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