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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I rented an expensive apt. after moving to the area ~

Customer Question

I rented an expensive apt. after moving to the area ~ prepaid rent through Apr/2017. New tenants moved in above me 4 weeks after I moved in and they are unbearably loud. I've contacted office repeatedly and no success whatsoever. I am quite sure there's a basketball game being played above my apt. I can't live like this !!!
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Delaware
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: maintenance? upkeep? the apt. is in good shape. 8 mo lease (prepaid). Tenants ab
JA: Anything else you want the lawyer to know before I connect you?
Customer: tenants lived above first 4 weeks. no noise whatsoever. new tenants, unbearable
Submitted: 6 days ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 6 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LandlordTenantAnswer replied 6 days ago.

So the management just allows this to go on?

Customer: replied 6 days ago.
Initially they said it was just normal walking and therefore there was nothing they could do. I explained it is NOT normal and they have absolutely no way of knowing what I'm experiencing.
Expert:  LandlordTenantAnswer replied 6 days ago.

Thank you for the reply. As a tenant, you have a right to quiet enjoyment. That should not be disturbed. If it is and the management/landlord fails to cure and correct it, you could have a legal basis to break the lease and vacate and sue for damages. If you have documented this to them and they are aware and fail to act and you are essentially forced to move, they could be liable to you for damages incurred, as a result.

Expert:  LandlordTenantAnswer replied 6 days ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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