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Thank you for your question. I am genuinely sorry to hear that you are in this situation.You can indeed consider some options here. I would suggest that you send an email or certified letter to the landlord stating that the noise is in the unit, and that the noise is directly interfering with your right of 'quiet enjoyment' to the premises. As a consequence you are now requesting that the premises be changed or repaired, and if neither takes place within a certain period of time (for example 14 days), you will consider yourself 'constructively evicted' due to the noise and will have no choice but to vacate the premises. If they ignore or refuse, then do exactly that--just leave the premises but make sure to take all your items with your. Then immediately go to your local county court and file a petition against the landlord for 'constructive eviction' and for breach of your covenant of quiet enjoyment, request that the judge review the noise and grant the termination of your lease agreement so that it would not appear as if you simply quit out without grounds.Hope that helps.
I have another concern. What if the leasing agent is making it seem that I am as you state "quit out with out grounds" after fourteen days of submitting my letter? I can not just move out because I have no family or know someone to move in with so I will have to apply for a lease somewhere else. What can I do?
Monica,The whole point of claiming 'constructive eviction' is to claim and show that due to the landlord's actions (or inaction), your right to the unit was wholly or partially taken away leaving you with no choice but to move out. The leasing agent will absolutely claim you moved without grounds, that is almost assured, but quitting and filing right away for the courts to rule minimized that options. Leaving on the grounds I suggested are somewhat risky because generally only the landlord has the right to cancel the lease. But at the same time, paradoxically, if you remain and continue negotiating the courts treat the unit then as 'fit' because if it wasn't, a reasonable person would have moved out. And of course then the landlord has no real urgency or desire to release you from your obligation. Perhaps you may want to start looking for other place, get one signed, and then pursue the constructive eviction quitting of the premises.Good luck.
On July 5th, 2013 I applied for a one bedroom lease, my plan was to move out of the apartment I am residing in now. I explained to the leasing agent my problems with the noises. She stated that I would have to talk to the manager.
On July 8, 2013 I met with the manager, he was down right nasty (rude) toward me. He stated that I did not write a letter about the noises to the leasing office and stated that if I were to move out of their apartment (breaking the lease) he would make me pay a full months rent. Then he stated that he contacted my leasing office to inquire about my records regarding my payment history. He stated he would contact me as the leasing office had not yet contacted him.
On July 8, 2013 When I got home a letter was taped to my door from my leasing office stating that they had not received my payment for July and a payment should be given immediately. The rent is due on the tenth of every month.
On July 9, 2013 I received an email from the leasing agent stating that the leasing office has not received a two month notice. The agent stated via email because I have not done this the application is not being processed.
What I am getting at is its going to be hard to get another lease when they want information on the lease I have now. I feel and believe I am going to get turned down on account of my leasing agent telling them I am breaking the lease.
So my question to you is what can I do about that?
Monica,Thank you for your follow-up. You do not have to use this agent, you can consider finding a unit on your own, or by retaining a different real estate professional to assist you. This is how you could legitimately bypass this concern.Good luck.
You are not understanding. I did this on my own, I spoke to a landlord about moving into a one bedroom - I applied for a rental lease. I told the landlord about my problems (the noise). He stated that he contacted my landlord(leasing agent) and she told him I was breaking the lease. I am concerned that when I submit my letter claiming "constructive vacating" - I try to find another apartment unit she is going to tell the landlord that I can not move out because I am breaking the lease. Are there laws that help me from the landlord forcing me to live in her property until the lease is expired. I do not think you are understanding what I am asking you .
Monica,Sorry about that. My apologies but this isn't up to the landlord, it is not up to him to make a determination whether or not you are 'breaking the lease' or moving out due to constructive eviction. A 'constructive eviction' claim is when where the tenant (not the landlord) alleges that due to the fact the landlord failed to make repairs, it make the premises uninhabitable and that solely as a result of landlord's actions the tenant must vacate the premises. Then it is not up to the landlord to decide, it is up to the judge because to uphold this move you would have to go to court and petition the judge to cancel the lease that remains in place when you move out. I am patiently trying to explain that with this option the landlord's claim is bypassed and that you get a chance to go to court and explain why you had to leave. I truly am understanding what you are asking, I am likely not making it clear as to how constructive eviction would help.Please keep in mind that under law you are bound to the unit. The default position is that there is an existing lease and that you are bound to complete it. The landlord has no interest or obligation to do anything but hold you to the letter of the lease agreement. But the claim for constructive eviction allows you, as a tenant, to get out, and then get the courts to agree that your decision was correct based on your reasons (in this case the excessive noise).Good luck.
Ok sounds like really good legal advice but to actually do it and move, - I have no place to go. I guess I should seek out resources such as military, student advisor etc. Who ever. Can you give me the reference to this law (constructive eviction)?
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