i have a 1 year lease that ends in July 2012 but wish to end the lease early due to extremely noisy neighbor and thier drug use lasting until 2 or 3 am almost every night when i have to be up at 4am for work, made verbal reports to management several times with no resolve. and a few times someone came looking for the tenents i've mentioned at very early morning hours pounding on my door as well as other neighbors trying to find the noisy drug abusing neighbors mentioned and i want out now to find another but safe residence
1 Answer from Attorneys
If you have repeatedly, and in writing, complained to the management or owner of the property, AND you can document the conduct of the neighbors, then you can send a notice to your landlord that you consider him/her to be in breach of the implied convenant of quiet enjoyment and/or that the landlord is knowingly allowing a nuisance to continue which affects your right of quiet enjoyment of your apartment. Indicate in your notice that based upon the landlord's breach of the lease agreement, you are electing to terminate the lease and move. Be prepared that the landlord with withhold your security deposit, and likely sue you for breach of lease damages, but if you can prove that the landlord was in breach of your lease by allowing this conduct, you may prevail and owe nothing. These aren't the easiest cases to win, so you would be very well served to hire a tenant right's attorney in your area to represent you and guide you through the process.
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