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I've called and filed noise complaints with management as…

I've called and filed...

I've called and filed noise complaints with management as well as the local police dept since Jan 2nd of this year. These have a total of over 30 combined. Nothing has been done on my manager's end. She even ignored an email I sent back on Jan 25th. Can I terminate my lease? Is the 60 day notice still required at this point?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I only have documentation of my complaints. I found a new apt, but I don't want to make any moves until I know my rights. I'm a single mom of a special needs son, so money is tight. The noise is actually over stimulating for him.

Lawyer's Assistant: Where is the property located?

The new or old property?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Currently in Aubrey, TX

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Answered in 7 minutes by:
4/28/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,769
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The landlord is not generally liable for noise of 3rd parties. If another tenant is violating your right to peaceable use and enjoyment of the premises and you notify the landlord, then the landlord is supposed to take proper action based on reasonable complaints from tenants.

If you made reasonable complaints of breach of the warranty of peaceable use and enjoyment of the premises and the landlord did not take any action to try to control or abate the noise, then you have grounds to sue the landlord, but terminating the lease is questionable without suing for breach of lease. The reason I say that is because if you simply terminate, they will claim your complaints about noise were unreasonable and also do not make your property or unit unfit to live in and you are the one in breach of lease. So, you have grounds to go to court to sue for breach of lease and prove that the noise interferes with your ability to live in and enjoy your unit and based on the severity it is for the court to decide if this is ground to terminate the lease OR to simply force the landlord to act and credit you for rent paid during the months the landlord failed to correct the noise issue.

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Customer reply replied 3 months ago
I have to sue before I can move? I've dealt with this for 4 months now. Don't my police reports warrant that my complaints are valid?

Thank you for your reply.

Your police reports are just that, police reports based on what you claim. The police reports do not mean the LANDLORD is in violation of your lease. You need to go to court to prove how the landlord is breaching the lease in causing the noise or failing to cure breaches of the lease I am sorry to have to tell you.

If you just leave based on these claims, you open yourself up to the landlord claiming breach against you. So you need to protect yourself from those claims. If you need a local attorney to represent you and you cannot afford one, you can go to the local legal aid office to assist you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Thank you. This comes as a surprise to me because this is the complete opposite of what I was told by another attorney. Now I'm just confused.

Thank you for your reply.

Look it comes down to whether you want to protect yourself and fight from a position of offense or whether you want to act and fight from being on the defensive. It is questionable whether or not the landlord is liable for the noise or what they have or have not done to reasonably try to stop the noise. So, yes, you can leave and then the landlord will sue for breach and you are now on the defensive because the landlord will come to court proving he had no control over the noise or did whatever was reasonable to reduce the noise and if he does, you lose and are financially liable for breach of lease.

Alternatively, what I just told you is to protect yourself, you sue for breach and ask the court to terminate the lease for breach OR order the landlord to refund rent and to remedy the noise. In this case, if the landlord proves he has done everything necessary and you possibly lose because the landlord is not found at fault, you are out nothing more than the cost of the suit and are not liable for paying the landlord for rent to the end of the lease if you are found in breach in the first scenario.

It is up to you the risk you want to take.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,769
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Offense or defense breaks it down. I think because I've dealt with it for so long now, I'm willing to go with defense. Thank you for helping me understand both sides.

Thank you.

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