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Breaking the lease due to noise disturbance?

PostPosted: Fri Oct 08, 2010 10:00 am
by Sophie_Hopson
I just moved into a new apartment with a 1 yr lease a few weeks ago and my neighbors next to me and above me play their music very loud day and night. I'm a student and this is affecting my sleep and schooling to the point that it's unbearable. I've sent a letter of complaint to my landlord, but nothing has changed. If this continues I'm going to give my 30 days notice to end the tenancy at the end of October. A few things on the lease confused me though, am I expected to pay the rest of the year's rent until the unit is re-rented, or are the neighbors responsible for me leaving going to have to pay?

In the addendum it says: "The tenant is hereby responsible for paying the rent until the end of the lease. If the tenant wishes to break the lease the landlord agrees to make his best effort to re-rent the premises provided that the tenant agrees to pay liquidated damages (in respect of the cost of advertising and showing the apartment, getting it ready for the next tenant, and possible vacancy) which is the amount of the security deposit (half month's rent). "

but on the tenancy agreement it says : "If any tenant or tenant's guest causes another tenant to vacate his rental unit because of such noise, or other disturbance, harassment or annoyance or because of legal activity by the tenant or tenant's guest, the tenant must indemnify and save harmless the landlord all costs, losses, damages, or expenses caused thereby."

Anyone able to clear this up for me?

Re: Breaking the lease due to noise disturbance?

PostPosted: Fri Oct 08, 2010 11:15 am
by slammamama
the noise clause sounds like you are within your rights to vacate as a result of another tenant's noise. If you addressed the landlord about the nuisance and he has ignored it, you have fulfilled your obligation, as far as I am concerned. It is his responsibility to see that all tenants have a safe, quiet, clean place to reside. Failure to provide that releases you from the contract. Now, he may say you owe 11 months of rent bc he's too lazy to try and find a new tenant. Talk to him before submitting your intent to vacate.

Re: Breaking the lease due to noise disturbance?

PostPosted: Fri Oct 08, 2010 11:21 am
by Wildcat
You typically cannot break a lease over noisy neighbors. It sounds like you have an exceptionally tenant friendly lease. That is not standard language in a lease. You really have to talk to YOUR landlord about this. Since this is not normal language in a lease, they are the only ones that can clear it up for you. They are the ones that wrote it.

A 30 days notice will NOT put you vacating at the end of October. You would have had to give notice before Oct 1st to be out Oct 31st. If you give notice now you may have to pay full rent for November. At the very least you will be responsible through 11/7.