On 9/14/07 I entered into a 12 month lease for an apartment. I was not aware, nor did the proprty manager tell me, of a train that goes by 24/7 practically right next to the building! The horn prevents me from falling asleep and wakes me up from sleep as well. Is there anything I can do? I cannot live this way for the next year!
2007-10-31 02:57:11 · 6 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I did not see the tracks. There is the building, a small lot of land, and then what I THOUGHT were woods, but as I drove in one day I realized it is a mere row of trees because right behind them were the tracks. I didn't know before siging a lease I should be traveling into the wilderness ...
2007-10-31 03:13:54 · update #1
SORRY ...I noticed it was a mere row of trees because the trian was going by and i could clearly see it.
2007-10-31 03:16:38 · update #2
Sorry, but that is not a valid reason, unless they put the tracks down after you signed the lease.
This is not something that a landlord would have to disclose, it is not on his land and is obvious.
2007-10-31 07:07:41 · answer #1 · answered by Landlord 7 · 2⤊ 0⤋
Not sure how you will explain to a judge in court that you "missed" seeing the tracks next to the place. It is not a reason to be allowed out of a lease and short of a judge ruling in your favor I doubt you will get anywhere. I manage a complex near a very active train track in a college town and we don't tell people "there is a train here" we assume they see the tracks and are able to see that it is present. Give it a few weeks and you will not even notice the thing going by.
2007-10-31 03:11:50 · answer #2 · answered by VAgirl 5 · 3⤊ 0⤋
First, I would suggest that you (actually) READ your current
lease contract.
The contract "should " spell out the penalties and/or the consequences of breaking the lease ... Also, the lease contract "should " also indicate if you would be allowed to
sub-let the unit to someone else for the reminder of your
contract. (Not that I am suggesting that you deceive someone;
but YOU need to know what your options are ... And "MAYBE"
there is someone for whom the noise would NOT be an issue)
If you REALLY can not live with the noise .... then go on-line
(there are some legal-aid websites) .... and find out if you
have ANY legal recourse ... It "might" come down to YOU
deciding if it is worth breaking the lease ... and paying whatever penalty there is .... in order to get some peace and
quiet.
2007-10-31 04:13:03 · answer #3 · answered by kjh 3 · 0⤊ 0⤋
That is not a valid excuse to break a lease. The train tracks were there when you signed the lease, were they not ? Did you not look around the area before you signed the lease ?
I can only suggest quality earplugs. They're relatively inexpensive.
2007-10-31 03:09:09 · answer #4 · answered by acermill 7 · 3⤊ 0⤋
You could check with an attornet regarding disclosure rules. They differ based on the area.
Some areas require that the landlord/owner disclose anything that could be considered to be a problem or negative item to the tenant.
Other than that, not much you can do.
2007-10-31 05:55:38 · answer #5 · answered by Tim 7 · 0⤊ 0⤋
you didnt see the tracks when you were checking into these apartments? that is not a valid reason for breaking your lease. and if you leave now you will have reletting fees and other fees you will owe. they will be very costly.
2007-10-31 03:05:25 · answer #6 · answered by Lizzie Ann 3 · 4⤊ 0⤋