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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23415
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Do I have the right to break my lease? I moved into a first

Customer Question

do I have the right to break my lease? I moved into a first floor apartment with a 2nd floor above me with wood floors and a child. The noise begins at 5-5:30 every morning and throughout the day. I am a flight attendant and need to sleep different times depending on my trips. I am not getting any rest the noise is unbearable.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 5 months ago.
Good afternoon. Yes, you may have a right and legal basis to do so. I say this because you do have a right to quiet enjoyment. If that is being disturbed, the landlord needs to correct it. In this case, they may need to require that carpet or rugs be played down to lessen the noise or make the tenants above aware of this and ask that they keep the noise down. If they can not and it continues and disturbs you, you may have a good faith basis to vacate. You would need to start by placing the landlord on notice about this, in writing and giving them a reasonable amount of time to correct it.
Expert:  RealEstateAnswer replied 5 months ago.
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