Hi,
I have a friend who has a residential lease agreement with a property owner, along with two other people on the lease. All three are young adults living in a shared household. I will call them A, M and Z. My friend is Z.
Z had an encounter with M this week, involving a perceived threat of violence from M. A was present and intervened to defuse the situation. Z believes M was hungover or perhaps had not had enough sleep.
Z subsequently discussed with A and they agreed that M's behaviour was unacceptable - that he should move out. The following day, all three met to discuss, there was no further aggression but M denied threatening violence. A was conciliatory, and backed away from insisting that M move out. Z ended the meeting since he felt there was nothing to be gained if M would not acknowledge the behaviour was violent.
Z subsequently reported the incident to the police, who agreed to contact M & A and discuss with them. Z also contacted the estate agent, explained the situation, and the agent agreed to contact M. Z understands the agent was likely to advise M he had to move out (I assume there is an expectation they would then recruit a replacement person onto the lease). Later, Z discussed again with A, who is now unwilling to insist M moves out.
Z is now waiting on next steps from the estate agent. If the agent does not insist M moves out, it appears probable Z will move out, due to his fear that M will repeat the threats and possibly escalate to physical violence.
My question is this: If Z moves out and breaks his lease agreement, does he have a legal right to do so where there is a documented domestic violence incident? (Note he does not want to move out, but he is unwilling to continue living with M, and without A's agreement to insist on M moving out, it seems likely M will stay).
Hope this makes sense.
My friend (Z) is very upset about the whole situation, in tears and has seen a counsellor about it. I have asked whether perhaps he just misunderstood M's grievance as a threat that M had no intentions of presenting - he pointed out that A agreed it was a real and alarming threat (hence actively stood between them to protect Z at the time).
I have a friend who has a residential lease agreement with a property owner, along with two other people on the lease. All three are young adults living in a shared household. I will call them A, M and Z. My friend is Z.
Z had an encounter with M this week, involving a perceived threat of violence from M. A was present and intervened to defuse the situation. Z believes M was hungover or perhaps had not had enough sleep.
Z subsequently discussed with A and they agreed that M's behaviour was unacceptable - that he should move out. The following day, all three met to discuss, there was no further aggression but M denied threatening violence. A was conciliatory, and backed away from insisting that M move out. Z ended the meeting since he felt there was nothing to be gained if M would not acknowledge the behaviour was violent.
Z subsequently reported the incident to the police, who agreed to contact M & A and discuss with them. Z also contacted the estate agent, explained the situation, and the agent agreed to contact M. Z understands the agent was likely to advise M he had to move out (I assume there is an expectation they would then recruit a replacement person onto the lease). Later, Z discussed again with A, who is now unwilling to insist M moves out.
Z is now waiting on next steps from the estate agent. If the agent does not insist M moves out, it appears probable Z will move out, due to his fear that M will repeat the threats and possibly escalate to physical violence.
My question is this: If Z moves out and breaks his lease agreement, does he have a legal right to do so where there is a documented domestic violence incident? (Note he does not want to move out, but he is unwilling to continue living with M, and without A's agreement to insist on M moving out, it seems likely M will stay).
Hope this makes sense.
My friend (Z) is very upset about the whole situation, in tears and has seen a counsellor about it. I have asked whether perhaps he just misunderstood M's grievance as a threat that M had no intentions of presenting - he pointed out that A agreed it was a real and alarming threat (hence actively stood between them to protect Z at the time).
