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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32354
Experience:  Began practicing law in 1992
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I live in a community owned by a large company called Lyon

Customer Question

Good afternoon, I live in a community owned by a large company called Lyon communities. 5 months ago we got new neighbors who have caused nothing but trouble they have crashed on two occasions into the building, climbed up my balcony to get into his unit when his girlfriend locked him shouting and banging until the police turned up, constantly arguing breaking things, last month something happened in their apartment causing a leak in our ceiling when maintenance went up they slammed the door in his face and wouldn't let him in I have to say when my husband is away and even when he is here is has been pretty scary round here. it was once a lovely place to live any way you get the point. I started complaining about this June 29th, nothing happened after more an more instances and more complaints I asked to end my lease they said I didn't have to do that and the bad neighbors would be leaving the community. I asked when got no response and since then more trouble, more police and since all this we actually started looking for a place to buy and just found one so now I really need to get out of my lease. Now getting out of the lease isnt that difficult there is just a 2.5k fee to do so which I don't feel I should be penalized for due to all of this. My question is how do i give my notice and avoid the fee taking all this into account.
Submitted: 3 months ago.
Category: Legal
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

The easiest way, and likely the way that is most productive, is to hire a local lawyer to send the landlords a letter stating that the neighbor acting like this is unacceptable and that by the landlords continuing to allow him to live there then it is "constructive eviction" on you. Then, state that if the landlord doesn't make the neighbor move by a certain date then you will be forced to love and will pursue your damages against the landlord.

You don't want to send this letter yourself, you want the lawyer to handle it because the letter will be used as evidence in a lawsuit later if necessary.

Usually the landlord will then either evict the neighbor or allow you to move and not pursue you for any extra money under the lease because they know if they do pursue you then you will make a counterclaim against them.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 3 months ago.
Thank you, ***** ***** doesn't really address the issue as now I am at the point where the neighbor leaving or not doesn't concern me as I need to get out of this lease regardless due to an offer being accepted on a house. Yes I started looking due to the neighbor issue but now I need to get out ASAP without any penalties.
Expert:  Dwayne B. replied 3 months ago.

This is the only way to get out without penalties. Ideally, this would have been done much earlier in the process but since it wasn't then you would just have to use the same issue now.

You could, in theory, just tell them you are moving because they didn't do anything to solve the issue when it was happening but it is better if you do it the way I suggested. YOu may also want to insist that, due to these issues, that they agree to do background checks before renting to anyone else. Due to the cost involved in this they will almost certainly refuse which gets you out of the situation.

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