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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25950
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I rent an apartment attached to the pastors home from the

Customer Question

Hello, I rent an apartment attached to the pastors home from the church. I have talked with him about very late night noise from his child running down the hall & banging on our connecting wall. There is no insulation & we actually share the same floor. I'm averaging 5 hours of sleep a night and I'm going through cancer treatments while still working. I've also written him asking him to curb the midnight chasing games. He told me he was the one to decide on if my apartment is rented or not and that since I can hear their activities he feels this is an invasion of their privacy. I took this as a threat that my lease would not be renewed. The trustee promised to install carpet in the halls (has not been done). The pastor also told me to expect more noise as they're having a baby. Rents here are very high and I thought I was lucky to find this affordable place but the noise every day, all day and up until midnight has left me anxious and angry. I live with fans blowing for white noise but it really does nothing to deaden the racket. Do I have any recourse besides moving?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: I've only written emails to the pastor and let the trustee know about the issue
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 5 months ago.
Category: Legal
Expert:  LegalKnowledge replied 5 months 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

Customer: replied 5 months ago.
Ok. Thank you
Expert:  LegalKnowledge replied 5 months ago.

As a tenant, you do have a right to quiet enjoyment. That should not be disturbed and if it is, the owner/landlord needs to correct it. If he fails to do so, he would be in breach of the rental agreement. In situations like these, the remedy is to vacate and move but you could sue him for damages suffered, as a result. He can not allow this unreasonable and noises behavior to go on and needs to respect your rights as a tenant. I know you do not want to move but if he refuses to correct the noise an it essentially forced you out, that would be the remedy.

Customer: replied 5 months ago.
I have been searching for 9 months but with retirement right around the corner I'm feeling stuck. Right now there is no lease, it expired in September and they haven't offered a new one yet. Can I leave here without notice and expect to get my security deposit back?
Expert:  LegalKnowledge replied 5 months ago.

Yes, since there is no lease, you can vacate by giving the landlord one months notice, of your intent to vacate. As long as there is no damage or repairs that need to be done, as a result of your own actions, the deposit would need to be returned in full. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 5 months 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!