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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Can a land lord refuse to renew your lease do to complaints

Customer Question

Can a land lord refuse to renew your lease do to complaints about complaining numerous times about tenant above maing excessive pounding on the floor by running back and forth which the noise can be heard throughout my apartment and the slamming and banging on going of cabinet doors. all this noise created is non stop. according to their lawyer we have no grounds for quiet enjoyment in our Texas apartment. need advise.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The landlord can indeed refuse to renew. There is no inherent right to a renewal of your lease, and while the reason may be unfair (as I agree with you that you are indeed entitled to 'quiet enjoyment'), provided that the landlord does not discriminate as far as why he or she is refusing to renew, it is his right as landlord to choose to not extend the lease. You can still pursue the landlord for damages if he failed to ameliorate the noise, and of course you have the right to sue that neighbor for a 'private nuisance' and over noise complaints, but those are separate remedies that do not entitle a tenant to a lease renewal. In some states where the premises may be under rent control the landlord may be barred from acting this way, but as you aren't under rent control if you are in Texas, the landlord has the freedom to refuse to agree to a longer term.

Sincerely,

Dimitry, Esq.