Legal Question in Landlord & Tenant Law in Ohio

Landlord/Tenant

Tenant upstairs does aerobic exercise & it gets a bit loud. The floorboards under their carpet sqeak & creak real loud. In our lease, it states the following:

Section 14 RESIDENT DUTIES. Resident Shall:

I) Conduct himself/herself, and require other persons on the Premises with Resident's consent to conduct themselves, in a manner that will not disturb any neighbor's ''peaceful enjoyment'' of the Premises.

I brought this up to the coporate office of our complex & they said that the tenant has the right to live their life. They said they could only send letters about noise to the tenant.

The problem is that we can't have peaceful enjoyment of the premises with this going on. Everytime they do the exercise, it weakens the floorboards & makes the situation worse. They've offered to let us break our lease & move, but, we don't have the money or credit to do that.I've done all I can with the landlord & corporate office. What else can I do?


Asked on 6/23/09, 4:38 pm

1 Answer from Attorneys

Dan Guinn Guinn Law Firm, LLC

Re: Landlord/Tenant

Well, you could hire an attorney to write them a nasty letter. I love dealing with landlords. But, the problem is they have allowed you to break your lease. You could sue but...once again, they are telling you that you can break the lease. I am sorry they are not being cooperative about the situation but there isn't a lot you can do. A letter from an attorney may help and is worth a shot. Feel free to contact me for a free consultation.

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Answered on 6/23/09, 5:05 pm


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