Noisy Neighbor, Breaking Lease

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Latest post 07-31-2008 2:19 PM by Fxston. 4 replies.
  • 07-30-2008 5:55 PM

    • MsB1
    • Not Ranked
    • Joined on 07-30-2008
    • Posts 1

    Noisy Neighbor, Breaking Lease

    I have lived in my apartment since April 2006, with a yearly lease that automatically renews if I don't cancel. There is no early termination clause. For months now my upstairs neighbor has been terrorizing me at night by beating on the floor and waking me up in the middle of the night. I've complained, and when asked, the neighbor claims that she has no idea what I'm talking about. Every time I complain she does it louder and more frequently. The apartment refuses to break my lease or to do anything, and has told me that I have to live with it. I haven't had a solid night's sleep in months. Do I have any legal options to break this lease?
  • 07-30-2008 7:59 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,130

    re: Noisy Neighbor, Breaking Lease

    Generally the LL must provide you with quite enjoyment of your premises--but its hard to make that stick as to a noisy neighbor---but its sure worth a try--paper the LL like mad as to lack of quiet enjoyment and try that route?



  • 07-31-2008 11:10 AM In reply to

    re: Noisy Neighbor, Breaking Lease

    "For months now my upstairs neighbor has been terrorizing me at night by beating on the floor and waking me up in the middle of the night."

    Have you been taping it?

    Complained to whom?? Have you talked with other fellow tenants who are near you? Have you called the police (and asked them to come without any indication they are coming, so they can come in and listen)?

    "Do I have any legal options to break this lease?"

    Probably not, but you'd need to discuss creative stuff with a local real estate attorney. I suggest you start calling the cops and, if you can find out the property manager/landlord's home phone number, start calling him-her every time it's going on. I'd warn the landlord in a letter beforehand that this was my intention if he-she doesn't do something about it. If it's not harassing behavior from the neighbor to you and something you have to "live with" (I'd summarize all this in my letter and reference the dates I've previously complained), then the property manager should have a hard time explaining how your calls to notify them of the problem are harassing behavior.
  • 07-31-2008 12:33 PM In reply to

    • WiserLL
      Consumer
    • Top 200 Contributor
    • Joined on 09-20-2007
    • MA
    • Posts 194

    re: Noisy Neighbor, Breaking Lease

    Triple check the law on leases automatically renewing. In some states, all the terms and conditions automatically renew EXCEPT the length of tenancy. The tenancy becomes month-to-month. Even if your lease says that it automatically renews to another year-long lease, that wouldn't be valid if your local laws say it's month-to-month. Call your housing court, legal aid office, or tenants rights group.

    Voice-activated records are cheap, so you can try recording the noise. However, when I did that it sounded like no big deal. But then when one of my neighbors (who had not been impressed by the recording) heard the noise in person, she volunteered to be a witness for me. Ask around for someone to stay over a night or two.

    I slept in another room until she moved out.

    Good luck.

    MA

  • 07-31-2008 2:19 PM In reply to

    re: Noisy Neighbor, Breaking Lease

    No state law will prohibit a year-to-year renewal of a written lease with that scenario. The law may dictate that a landlord be required to send advance written reminder of the lease being renewed for another year, however, to give tenant time to address whether he-she wants to cancel. It doesn't appear AR imposes such a rule.

    http://www.arlegalservices.org/Home/PublicWeb/Library/Index/1690000/1630100/index_html

    http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code
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