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Roger
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Category: Real Estate Law
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I want to break my lease for my apartment in CT. there is a

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I want to break my lease for my apartment in CT. there is a provision in the lease about noise "Noise:Resident agrees not to allow any excessive noise or other activity that disturbs the peace and quiet of other residents. OWNER agrees to take reasonable steps to prevent other persons on the property from disturbing RESIDENT'S peace and quiet." I can hear ever step my upstairs neigbor takes as the floor creeks and i can hear there baby cry. The laundry room is right below me and anytime someone does any laundry (which is most of the time) I hear it in my unit. This noise can only be covered up by wearing headphones. Also normal movements by my upstairs neighbor are sometimes so loud that it wakes me up at night. Do I have good cause to break my lease?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Real Estate litigation attorney here to assist you.

 

Quiet enjoyment is an implied warranty that any landlord gives to a tenant. Thus, if the landlord is not doing what he/she can to ensure that you are getting the peace and quiet promised, it could be a ground to cancel the lease. However you first need to give the landlord written notice of the problem as he has 14 days under Connecticut law (47(a)-12: http://law.justia.com/codes/connecticut/2011/title47a/chap830/Sec47a-12.html) to try and correct the problem. If, after this time period elapses, the problem has not been repaired, you can cancel without penalty.

 

Thus, give your landlord notice and see what he can offer you in terms of remedying the problem.

Customer: replied 2 years ago.
Does this written item to my landlord need to be very formal or can it be simple. What is the best way to document that they received my written notice
Expert:  Roger replied 2 years ago.

The written notice doesn't have to be formal. The statute only requires the notice to specify the acts and omissions constituting the breach and that if the breach is not remedied within fifteen days after receipt of the notice, the rental agreement shall terminate on such date.

 

The first notice requires 15 days notice - not 14 days as I mistakingly said earlier. 14 days applies to subsequent notices for the same issue(s).

Customer: replied 2 years ago.
so if they dont fix the noise issue in 15 days the lease can be terminated.
Expert:  Roger replied 2 years ago.
Yes, that's what the statute says. If there is a material non-compliance with the lease or if there is a health/safety issue that is not remedied within 15 days, the lease can be terminated.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26104
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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