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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been in my apartment for 24 days and every day has been

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I have been in my apartment for 24 days and every day has been a stressful and unpleasant experience due to the noise of the upstairs neighbor. I wrote the neighbor a letter to make them aware of the noise, called the office 4 times about the noise, wrote a formal complaint to management, and filed a complaint with the Texas Rental Protection Agency which management has yet to respond to. I have asked to be relocated to another unit on the property, but the manager said I needed to be in my apartment for 6 months and would get back to me about how the new management company goes about moving a tenant, but living here is unbearable and I have not heard back from the manager. Other than moving out, I don't have any other recourse. What can I do in a situation like this?

Roger : Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : There are a few things you could do as a preliminary matter. First you could file a disturbing the peace/disturbing the peace of a family charges against the neighbor. If you are successful in your claim, you could get a court order directing the neighbor to stop disrupting your right to quiet enjoyment of your property.
Roger : Secondly, you could claim that the landlord is in breach of the lease by breaching its warranty of habitability and quiet enjoyment. This is an implied warranty that exists in any lease agreement, and if the landlord doesn't remedy the issue (which means stopping the tenant from bothering you), then you could cancel the lease.

They appear to have a child they have no control over and the noise is their day to day living. My daughter and I don't get any sleep until they go to bed. I don't know what they can do about the child. I deal with running and jumping all day. The child is running and stomping as I write this message.

Roger : That's understandable, and I can relate to the annoyance. The only way to legally do something would be to file disturbing the peace charges against them.
Roger : Otherwise, you would have to claim that the landlord is in default of the lease (breach of warranty of quiet enjoyment) and demand to move immediately or cancel altogether.

I thank you for your time and I am satisfied with what you have told me. Have a good evening Roger.

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