Breaking My Lease?

I have been having a lot of problems with the people up stairs in my apartment. They are very loud and her little boy keeps running and jumping off the furniture. Sometimes it goes on until 12:00 at night. It's so bad that the texture that is sprayed on the ceiling is coming off. I have contacted the office several times and all they do is put a letter on her door. Could this be grounds to break my lease without losing my security deposit or even having to pay another months rent.

In most states it would be on the grounds that the unit is in an unsafe or unsanitary condition. Start with a written complaint that threatens you leaving if the noise doesn't end.

You will need to be able to document when you've complained and some photos of the ceiling damage will help as well. If you can get a tape recorder and record the noise when it happens. Also call the police for it. A police report will back up your claims of noise and the time it happens.

Most likely the landlord will withhold your deposit when you leave so you will have to sue to get it back. This trip into court is where all of that evidence will be needed. The judge will want to see and hear it. You will also need to get copies of the police reports for the court. Everything it costs you to go to court will be paid by the landlord (filing fees, service fees, police report copies, etc.)

You may want to talk to a lawyer in your area. Most lawyers will give you a free consultation (about 30 minutes) and advise you on how to go about this. Do this before you do anything else.

You have the right to a clean safe and secure apartment.

1) Get it in writing--send in your complaint and say "if this is not addressed within 12 days, we are legally able to break our lease."

2) Check into your state's Tenant's Act.

3) If you leave early, you'll lose your security deposit regardless of how it's handled. Have you spoken with your neighbors?

4) Take pictures, get it in writing, and you can take it to small claims court if they continue to neglect their duty. Since it is damaging your apartment, their property, they need to do something.

You'll have to read your lease. Many property management companies will adhere to the lease which may stipulate a 30-60 day written notice to vacate and if you're not on a month to month lease, you may be held responsible for rent until the place it re-rented. Document each time you contact the property management w/ complaints about the neighbor. Your neighbor is most likely breaking the lease themselves w/ the noise problems. Call the cops too to have records of complaints to them as well.

Written notice to the landlord and parent company with request for transfer to another unit or full refund should be adequate......read carefully thru your lease information in regard to your requirements as a tenant - feel sure that something about noise level should be there.

Best wishes on enjoying your new place!

Dont just leave or you will lose security! Rcord all incidents. my neighbour moved now but her son did same thing. He made my light fixture crash to the floor. I am not going to pay for this. Write down every time you talk to the landlard.Send the landlord a letter stating they are causing problems. Indicate that you lik living there but your neighbours are forcing to you to talk pics of celing!!leave because of distrubance. Make a copy and keep for records.

The noise could be a violation of the quiet enjoyment clause that is in most leases. But property managers are notorious for stealing deposits and taking hard positions with tenants.

Take a sample of the ceiling texture to the Dept. of Health or some lab that can test for asbestos. If it was applied in the 70s, then there might be some there. If they do find asbestos, then you can use this as a reason for your need to get out before you become ill. Bringing in physical health as an issue is a quick way of upping the stakes.

But the bottom line is that you should get a lawyer.

A lease (a written rental agreement) sets up the rules between the tenant and the landlord regarding the rental unit. A lease should protect both the landlord and the tenant. Leases can be set for any length of time, but most are for six months or one year. Examples of other provisions a lease sets forth are: identification of the leased property, number of persons who are to reside in the unit, security deposit, rent amount, rent due date, late penalty fee, utility responsibilities, yard care, trash removal, repair responsibility, subleasing and whether pets are allowed. During the term of a lease, changes cannot be made to the lease unless mutually agreed to by both the landlord and the tenant. If you're a renter, there are lots of laws on the books to protect you
from improper landlord conduct, including discrimination, invasion of privacy, maintaining dangerous property conditions and other landlord wrongs. Because state laws vary significantly, remember to check the specific landlord-tenant statutes for your state and any local laws that may apply.

As a general rule, neither you nor your landlord may properly break the lease before the term ends unless the other party significantly violates the lease. This means that you can legally move out for a good cause. For example, if your landlord fails to make necessary repairs. If you break the lease without good cause, you'll be responsible for the remainder of the rent due under the lease term. In most states, however, a landlord has a legal duty to try to find a new tenant as soon as possible, no matter what your reason for leaving, rather than charge you for the total remaining rent due under the lease.

You have sufficient cause since your Landlord has failed to properly address or remedy the complaint against your upstairs neighbor violating your right to live in a quiet environment, i.e. the little kid jumping off the furniture. Inform your Landlord in writing of the reason for your breaking the lease, and also address the damaged ceiling. Your Landlord may try to keep your damage deposit for this alone, although the damage has been caused by the upstairs tenant. Many states require landlords to provide a written itemized accounting of deductions for unpaid rent and for repairs for damages that go beyond normal wear and tear, together with payment for any deposit balance.

You may sue a landlord who fails to return your deposit when and how required, or who violates other provisions of security deposit laws such as interest requirements; often these suits may be brought in small claims court. In some states, you may recover your entire deposit, sometimes even two or three times this amount, plus attorney fees and other damages.

ask the landlord if he could relocate you in another apartment..if not..read your lease very carefully..there might be something in the lease about quiet time..if you feel your rights as a tenant are being violated...send a Register letter and tell them you're putting your rent in an escrow account within two weeks if this problem is not solve....