Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
Did you pay a deposit when you moved into your apartment? What is the deposit for? Is the cost of the two apartments the same? Did you notice the noise at the time you inspected the apartment?
I assume the deposit is one month's rent. You may have to go to court to challenge the charges. Your position would be that the noise level which makes it impossible for you to sleep is a breach of the covenant of quiet enjoyment and habitability of the unit. If you go to court you will seek all your costs of moving to a new place. Since you would be entitled to terminate the lease on that basis with no penalty you will not pay any additional deposit or transfer fee.
The weakness of this position is that you did not inspect the unit. That inspection would probably have alerted you to the problem if it is constant. If the noise is not constant that strengthens your position. If you can try to settle for the $200 transfer fee and no deposit.
If you were to go to court and the court found that the noise did not make the unit did not breach the quiet enjoyment or habitability covenant in every lease, then to move, you could be liable for the extra deposit as damages but I doubt a court would award such damages because the landlord would be in the same position after you moved as he was before you moved, a single apartment to rent.
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Salt Lake City uses the following as a limit Residential 50 dB(A) 55 dB(A). Here is the link to the statute. http://www.nonoise.org/lawlib/cities/saltlakecity.htm#8
You could also have the local building department check the sound level. If they found it improper that would be all the evidence you need but there is no assurance your town has a noise ordinance or the building department is equipped to deal with this issue.
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