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legalgems, Arbitrator
Category: Real Estate Law
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I live in a large complex where there are constantly false

Customer Question

I live in a large complex where there are constantly false fire alarms going off. One year ago I wrote the landlords/management company a letter asking that they remedy the fire alarm. It has recently increased in frequency. I have had 2 verbal conversations with the office and now want to write another letter. The current letter documents 6 false fire alarms in the past 60 days. This alarm is piped directly into my bedroom and will sometimes go off for several hours at a time. I would like to terminate my lease for the violation of the right to quiet enjoyment. Am I within my rights? What steps do I need to take?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  legalgems replied 5 months ago.

A few minutes please as I get this information for you.

Expert:  legalgems replied 5 months ago.

Thank you for your patience.

So here is information on quiet enjoyment with information to follow:
The essence of a tenant’s leasehold interest is possession, or the right to possess, the leased premises. In every lease, the law implies a covenant on the part of the landlord to provide the tenant with possession and “quiet enjoyment” of the premises. This “covenant of quiet enjoyment” constitutes a warranty by the landlord that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The covenant does not protect the tenant from the acts of third parties over whom the landlord has no control. 136 CHAPTER NINE A landlord can breach the covenant of quiet enjoyment in various ways, some of which are: 1. causing a tenant to be “evicted,” i.e., physically removed from the leased premises under circumstances where the tenant otherwise has the legal and contractual right to possession. 2. denying a tenant access to the premises. 3. causing or permitting a third party who has paramount title to physically oust the tenant. For example, if a lender forecloses upon the landlord’s property pursuant to a mortgage which is senior to the tenant’s lease (and there is no “non-disturbance” agreement between the tenant and the lender), the lease is extinguished and the foreclosing lender has the right to evict the tenant. This would constitute a breach of the covenant by the landlord, even though it is the lender rather than the landlord actually evicting the tenant. 4. any disturbance, caused either directly by the landlord or by a person or circumstance within the landlord’s legal control, of the tenant’s use or possession of the leased premises whereby the property is rendered wholly or substantially unsuitable for the use for which it was leased. For example: a landlord’s attempt to lease the property to a third party; harassing the tenant or making unwarranted threats of expulsion; making extensive and unwarranted alterations to the leased property which materially and adversely interfere with the tenant’s use and enjoyment thereof; or failing to make necessary repairs to the premises. Of course, a tenant cannot establish a constructive eviction if the tenant, by wrongful or negligent action, causes the defects in the premises. Department of Real Estate

So while a landlord cannot be held liable for third parties (such as loud neighbors on their own property) the landlord is responsible for the occurrences in his/her premises.

So for example, if the landlord fails to take reasonable steps to resolve the issue (ie putting up security cameras, hiring security guards, etc) then that may be the basis for the implied warranty breach.

Information on the court process here:

Generally a letter is sent to the landlord (preferably by an attorney) stating that the landlord has __ days to remedy the problem or the tenant will consider the landlord in breach.

Many landlords will agree to a release - please see page 143 here

Expert:  legalgems replied 4 months ago.

checking to see how this all worked out for you. If you need an attorney here is a link below:

Should you have further questions please post here; otherwise kindly

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Thank you and take care!

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