Found an issue on this page? Let us know and we will look into it as soon as possible.
Am I able to break a lease due to noise complaints about my neighbors?
Anonymous6 views3 answers
I have signed a year lease in Tennessee, but wish to move ASAP due to my incredibly noisy neighbors. I have asked them in person to obey the quiet hour rules, and made at least 3 phone calls to the landlady, who has said she would talk to them, but has not yet solved the problem. This is effecting my health as the constant noise of their children screaming and running around is keeping me awake at night and giving me tension headaches. I do have recordings on my phone of what I can hear in my apartment as evidence. I would be willing to stay until new tenants are found to avoid any drop in rental income.
I dont know about Tenenessee, but in California there are (1) the doctrine of "constructive eviction" whereby one may be able to argue that he or she has beeen "constructively" evicted from the property because he or she cannot live there due to the type of noise you are describing.; and (2) the covenant of Quiet Enjoyment is implied in every residential lease. If a tenant deprives you of your quiet enjoyment of the property, the landlord must stop that noise, or the landlord is deemed to have breached that covenant.
Check with an experienced local real estate attorney.
Noisy neighbors doesn't allow you to break your lease. You need to stay until the landlord finds a substitute tenent. Call the police on the noise and bug the stew out of your landlord. Call daily to complain and to ask for updates. Make yourself a lawful nuisance to the landlord and they will be happy to let you out of the lease. Do not stop paying rent.
You MIGHT be able to break your lease based on the excessive noise based on a breach by the landlord of your right of quite enjoyment. However, in addition to continuing to talk with the landlady yourself, I would suggest talking with an attorney who might be willing to write a letter to your landlady. Sometimes a letter from a lawyer will motivate the landlady to take action against the neighbors.
