Breaking an apt lease?

Question

The noise level where we live has become unbearable due to neighbors. Dealt with the leasing office, called the cops, (even have a case number) confronted the neighbors ourselves and the situation doesn't get better. We can't continue to go on in this manner and it's turning ugly.
There is a clause in the lease that states we would owe some money if we vacate early. How can we break this lease without paying the fee that comes with this since we feel it's the complex itself we can no longer tolerate? If it helps..we only have less than 4 mos left and they're renovating all apts when vacated...which would include ours so it would have to stay vacant for a while anyway.
Anyone have knowledge on this?

This is occuring in So Fl.

Also..this is a rental community, not a private landlord. We have perfect payment and behavior records.

I found my lease with the Community Policies and it states the following..."Noise - For the mutual enjoyment of all residents, we ask everyone's cooperation in keeping the volume of noise at comfortable levels. Please limit the volume of stereos, televisions, musical instruments, etc., so as not to disturb your neighbors."

Is this the Quiet Environment clause that has been mentioned in some of these answers?
By the way...I appreciate the answers I've received thus far.

Answer 1

The right of Quiet Enjoyment is established in Common Law and dates back centuries even if not established in state law or local ordinance. Whether it is mentioned in the lease or not is immaterial though any well written lease will mention it.

You have taken the right track in establishing your landlord's failure to deliver on Quiet Enjoyment. Do make sure that any notices that you send to the landlord are in writing and that you keep a copy. It's best to use Certified Mail, Return Receipt Requested so you will have proof of delivery as well.

At this point I would send a letter to the landlord demanding that he remedy the violation of your right to Quiet Enjoyment immediately. The landlord does have a little time to make good on the demand, but when it comes to noisy neighbors it can get drawn out a bit since if they refuse to comply he'd have to resort to eviction proceedings and that can run 45 to 60 days or more if the reason is a rules violation as opposed to non-payment of rents.

In your letter, give the landlord a limited amount of time to remedy the problem -- 15 to 30 days should be sufficient since he is already aware of the problem and has yet failed to act -- and advise that if the situation is not remedied in that timeframe you will terminate the rental agreement forthwith. You may also rattle his cage a bit by demanding compensation for being forced to move. You may or may not have any right to that, but it's worth pursuing.

If the landlord attempts to sue for the unpaid rents, your well documented case should get his suit tossed. Countersuing for the costs of the move and any unreturned security deposit would be a good idea and may well force the landlord's hand on the original suit and lead to an out-of-court settlement if you're a bit lucky. I'd still pursue the moving costs and would absolutely pursue the security deposit assuming that you left the unit clean and in good condition.

Answer 2

Unfortunately, moving due to a noise issue, doesn't relieve you of having to pay rent til the end of your lease. Keep calling the cops.

Is there a clause in the lease which addresses the noise issue? If so, why don't you ask the apt mgr why they aren't enforcing it? In my complex it isn't in the lease but it is in a booklet. Here, people are ousted after 3 complaints. Here, they are actually considering fining people who don't observe the 'quiet' rule. With complaint #2 the fine will be considerable larger than with the 1st complaint & they will be told on the 1st complaint what the 2nd will cost them in hopes that they'll think differently.

If your complex has a high turnover rate, perhaps mgmt might want to know why.

The mgmt office also send out a lengthy questionnaire once a year to find out where the problems are. Our mgmt changed the way they handle these complants as a result of the questionnaire.

Answer 3

Read your entire lease agreement carefully to determine your legal rights. You may have a clause that states that you have the Right to Quiet Enjoynment which means that your landlord is obligated to provide you with an apartment which is free of noise from his other tenants. If you do have lease language similar to that then check the Default clause in the lease. If your landlord is in default of the lease you need to send them a letter stating that they are in default and your lease should list a "cure" period.If your landlord does not stop the noise within the cure period (may be 10 days or 15 days) then you may be able to break the lease without penalty. good luck

Answer 4

In all honesty, we could all give you tips and advice, but the best thing you can do for yourself is to know your rights as a tenant. Tenants have their own rights with a whole bundle of laws protecting them, just like your landlord has.

There are several books available about this, and many websites. I personally suggest looking up your local and federal laws online. You may want to contact an attorney after you've done your research; some attorney's offer the free consultation...use it! At least you will know your rights.

Note: Tenant Rights vary by state.

Answer 5

You are entitled to "quiet enjoyment" of your apartment. You already have some documentation with the police report. Send the leasing office a certified letter outlining your complaints. Move out and if they keep what you believe is owed to you, you will have to sue in small claims (if the amount is small enough).

Answer 6

First gather proof of what you say. Record the noise level from your apt. on SEVERAL occasions. Then send the LL a RRR letter giving 30 (your state may rrequire 60) days notice because of the conditions that exist then MOVE. If you are taken to court you have your evidence.