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I moved into an apartment complex in Oct and our neighbors…

Customer Question
I moved into an apartment...
I moved into an apartment complex in Oct and our neighbors are horrible. They have parties everyday, the cops have been there 4 times. We have complained to the office and they do nothing. All of the hall and walkway lights have been out since weve been there and the complex does nothing. We no longer feel safe. I have contacted the office numerous times and nothing has been done. We want to move out but they want to charge us an early termination fee. Can we get out of the lease without paying?
Submitted: 3 months ago.Category: Landlord-Tenant
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Customer reply replied 3 months ago
There are many other issues too...They dont clean the hallways that are piled with dog hair and dont clean the garbage areas. They dont clean up dog poop. 1 of the maintenance guys kept calling me to go out with him and then kept showing up at our appt banging on the door. The people under us have at least 8 people living there. 6 cars they leave parked there and some cars dont even have a license plate. They stare at us when we walk in or out. They followed my cousin to her car one night and wouldnt leave her alone. They have cars pull up, they walk out, hand them things (drugs). We have heard them snorting drugs. They have parties at least 4 times a week, parties that go from 7pm til 9am. I have complained about all of this stuff to the office and they have done nothing about it.
Answered in 27 minutes by:
3/20/2018
Lawyer: barristerinky, Attorney replied 3 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,519
Experience: Attorney over 17 years, landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The landlord has a legal duty to provide you with "quiet use and enjoyment" of the property as an inherent part of your lease contract. If they are not taking action to address the noisy neighbor, then they are violating their legal duty to you.

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With that said, you could file a formal noise complaint with the landlord and claim that the landlord is breaching their legal duty to you to provide "quiet use and enjoyment" of the property and that you will terminate the lease and vacate and have to file suit against them for breach of contract seeking damages if they don't address the issue with the tenant. I would contact the local police and get a print out of all incident reports filed for that location and include the copy along with your letter sent certified mail.

.

Further, you could sue the landlord and the neighbor by filing a civil suit for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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So if the sound is preventing you from enjoying the property, then it is a nuisance and the judge can issue an order for the neighbor to abate it and for damages to be paid by the neighbor and/or landlord for failing to take action to address it.

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Or you can gather the police reports, and send your certified letter just stating that you are terminating the lease due to their breach of contract in failing to provide "quiet use and enjoyment" of the property and will be suing for damages. Then you move out and see if the landlord actually tries to take any legal action against you.

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.

thanks

Barrister

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Customer reply replied 3 months ago
Another thing we just realized is they sent us a link to the lease in our email when we signed it and it used to be in our online account where we pay our rent. Now when we click on the link in our email it says Document not available and when we sign in online under Lease Documents, there are none. Can we use this also?
Lawyer: barristerinky, Attorney replied 3 months ago

That really doesn't affect anything if they have a copy of a signed lease from you.

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