Underage college drinking and a landlord's obligation

[geoangus]

Long story short:

My daughter is in a situation where she is the downstairs tenant of an off campus duplex. The upstair tenant is attempting to relive animal house.

Before I sound like the old guy yelling at clouds, I fully understand college life, etc. Without getting into details, the upstairs tenants are animals and party their asses off with no respect for their neighbor. My daughter often wakes to vomit on her porch, on the sidewalk, and yesterday, on her car. Unfortunately, my daughter is a working professional and she is trapped by her lease. She has tried reasoning with the landlord but has gotten nowhere. Her next step is to talk to the dean of the college, but I'm not sure she is going to get anywhere, but she has to try.

My question - the upstair tenants are minors. If she documents her case, does she have any argument against the landlord for providing an environment that permits/condones underage drinking?

Kind of the "parent is away, kids have party, kid gets drunk, kid has accident, parent is liable", type of argument? Can a landlord be liable?

I have a copy of the lease coming, but maybe some of the folks here have encountered a similar situation. Thanks

[EricPeterson]

Has she reported the parties to the police?

[schmidlin]

So...minors can sign a lease? Or do you mean under 21?

[taez555]

Originally Posted by EricPeterson

Has she reported the parties to the police?

This...

They'll be more than happy to put an end to it. Bonus points if they catch them with more than just alcohol.

[The Last Rebel]

Calling the police is a good way to start. If nothing else it'll scare the hell out of them.

[geoangus]

Eric - yes, but from what she is telling me, it appears to be the police say it is a school matter, the school says it is a police matter. Unfortunately, I must say I don't have all the facts...

schmidlin, sorry, I meant under 21.

For those who recall "Scent of a Woman", the campus she lives near is one of those "priviliged", non-Ivy schools for well-to-do kids. My daughter kind of feels like the school is inclined to just want to bury this with inaction.

I'm reading with interest, Social Hosting laws that target underage drinking, typically with parents involved. I'm thinking she needs to document and establish a case that either the landlord or school is at fault here.

The tough thing - she doesn't want to move. I think it would be easier for her to say she wants out, with her security deposit refunded, but she wants the upstairs tenants evicted. I just don't know if she will be able to win that argument.

[geoangus]

The cops have been there, and it had short term effect, but it starts again. I worry she'll find herself in a crying wolf situation that is far more dangerous than drunken coeds.

[The Guy]

the police wont handle a party with underage drinkers because its a school issue? that doesnt sound right . . .

[EricPeterson]

I dont think the landlord has any liability for the underage drinking, unless he is buying them the beer.

[The Last Rebel]

If these are drunk, entitled frat boy types she might just have to stick it out and move. There are a lot of different types of asshole but drunken frat boys are one of the worst.

This is only tenuously connected but every time I go by the frat tailgating area before games at Kyle Field I'm always reminded of this quote:

"Mos Eisley spaceport: You will never find a more wretched hive of scum and villainy."

[geoangus]

Originally Posted by The Guy

the police wont handle a party with underage drinkers because its a school issue? that doesnt sound right . . .

I hear ya - I'm not sure if my daughter is trying to be too nice and not get anyone in trouble. But I've told her, either let it go, or go guns blazing. You can't have it both ways.

At some point, I know I might need to jump in and fight my little girl's battle, and while I know it would be better to pursue the legal course, I'd really love to bring some of my more dangerous friends and crash their parties for however long it would take to get the message across. We like beer, and if we have too much, we could just sleep downstairs. Good morning neighbor!

[geoangus]

Originally Posted by EricPeterson

I dont think the landlord has any liability for the underage drinking, unless he is buying them the beer.

But what of the University that allows fraternity hazing? I don't recall how that went down, but someone's bacon was in the pan.

Until I see the lease, and find some type of clause regarding unlawful behavior, I don't know where she stands. But if such a clause exists, and if he ignores said clause in the face of a well documented case, I would think the worst that could happen is she could walk with her deposit. I agree, I still don't know if she can get them evicted. But maybe, she can create enough of a stink to get them to knock it off for the rest of the school year.

[geoangus]

Originally Posted by EricPeterson

I dont think the landlord has any liability for the underage drinking, unless he is buying them the beer.

But what of the University that allows fraternity hazing involving binge drinking? I don't recall how that went down, but someone's bacon was in the pan.

Until I see the lease, and find some type of clause regarding unlawful behavior, I don't know where she stands. But if such a clause exists, and if he ignores said clause in the face of a well documented case, I would think the worst that could happen is she could walk with her deposit. I agree, I still don't know if she can get them evicted. But maybe, she can create enough of a stink to get them to knock it off for the rest of the school year.

[84superchamp]

speaking from experience, it's sometimes dangerous to call the cops if the "entitled" have an idea who called and are free and in the area again. some cops are downright stupid when it comes to confidentiality and may endanger the complaintant. i'll just wish you and your daughter luck.

[geoangus]

Originally Posted by superchamp

speaking from experience, it's sometimes dangerous to call the cops if the "entitled" have an idea who called and are free and in the area again. some cops are downright stupid when it comes to confidentiality and may endanger the complaintant. i'll just wish you and your daughter luck.

exactly what I'm afraid of