Florida  |  Real Estate Law

Legal Question

Asked on: 6/10/13, 5:26 pm

I am wondering about my legal rights as a tenant in matters of breaking a lease earlier. I moved into an apartment in Downtown 9 months ago. When I moved in things seemed to be going great in my new place. A few short months after I moved in, the apartment complex decided to open a club on the third floor of my building, 6 short floors away from mine. I tried dealing with the noise but recently it has become to much. Is this a valid enough reason to ask for early termination of my lease?

1 Answer

Answered on: 6/11/13, 5:22 am by Barry Stein

Your lease needs to be reviewed. Quiet enjoyment is an implied provision in any lease. It does not literally mean quiet it is a legal standard for the objective enjoyment of your unit. Terminating the lease because of noise from the club is going to be a challenge and costly unless the landlord is willing to allow you to break the lease early. Consult with an attorney so you know what your legal rights are with regard to this circumstance.

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