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I lived before moving to my present apartment for 6 month no lease. Had to leave after so many complaints to the landlord of the noise above my apartment. So I found and spoke to the owner that was renting next door and explain the situation and informed me that he had another apartment better and quieter so I proceeded to sign the lease after i saw it, it was a ground floor and a family on top. This was in july/09 that i Moved, now on july 31/09 I Complained of the noise above me. I would like to Know what are the steps to break the lease if this continue???
Optional Information: State/Country of Question: New Jersey Already Tried: Verbal complaints.
Good afternoon,I'm sorry to hear of your dilemma.It can be very difficult to break a lease based on noise of other tenants. Unfortunately, some noise is something that must be expected in apartment living.However, if the noise is occurring during the late evening hours and through the night you should notify your landlord in writing of the problem and ask them to deal with the problem. If they refuse to deal with the problem you can ask to be relocated again, or you can ask to be allowed out of your lease, or you can simply move out and if you are sued for breach of the lease, you can take the position that your peaceful enjoyment of the premises were not protected by the landlord and that you were constructively evicted.I wish you well.
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Best regards,
Doug
Is There a waiting period to give the landlord to resolve situation or I just write the letter and ask him for the out of lease part? I really don't want to continue this situation of complaining if it stops and later on it conitnues.
Good afternoon,You must give the landlord a reasonable amount of time to remedy the noise problem. Notify him in writing the first time to let him know generally of the problem. Then in each instance of unreasonable noise, call and report it to the landlord and follow it up in writing.I'd suggest allowing about 30 days to correct the problem. You can of course ask to be relocated at any time.I wish you well.
Experience: I am a practicing attorney with more than 27 years of experience in the legal field.