Legal Question in Real Estate Law in Maryland

Excessive Noise

The neighbors who live in the apartment above mine are making terrible noises that interferes with my sleep. I am a physician and I need to have a good night sleep in order to perform my job which includes night calls and patient care that require the utmost accuracy and precision. They start marching in the apartment at 12 midnight, almost daily. The sound of their boots, rockers or music will wake up us from sleep. I talked to them three times then I got afraid because they suffer from schizophrenia, they're on treatment. I spoke to the rental office about this 3 times. All my efforts with them and the rental office have failed to correct the situation. I had to call the police last night. I can not stay in this place and I want to terminate the lease. Can I do that and will I sustain any consequences because of that? Living here became more of a torture. Tkanks


Asked on 1/28/02, 1:02 pm

3 Answers from Attorneys

Joseph Trevino Law Offices of Joseph A. Trevino

Re: Excessive Noise

Read the section of your written lease captioned termination of lease. I believe you can document and prove extraordinary reasons. You are supposed to receive the benefit of quiet enjoyment of your premises. The Landlord can not deliver that. Landlord being a business minded entity will almost surely disagree. You can start by not tendering next month's rent and notifying them of your intention and well known reasons to cancel the lease. You may have to do it under protest. But your case looks strong in terms of lawful reasons. Ultimately, it may take a Court to decide, if the Landlord refuses to go along with a mutual termination, which most of the time they do. Thank you. Good Luck.

Joe Trevino, 1800-924-6217.

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Answered on 1/28/02, 1:50 pm
Robert Sher Wagshal and Sher

Re: Excessive Noise

I suggest you send a letter to the management informing them that you consider the actions of the upstairs neighbor to be a violation of your right to quiet enjoyment of your premises. Apparently the soundproofing on this building is inadequate, or these people are exceeding all limits of normal behavior, especially at this time of night. I wonder if the people who live next door or above them are having similar problems--it's worth investigating. In your letter, tell the management that if it continues to ignore the problem, you will consider them to be in breach of the lease and will terminate after 30 days. This may spur them into action. If not, you should have some good defenses if they sue you for breaking the lease.

If you would like to discuss this matter further, you can contact me at the below listed telephone number for an appointment.

Robert J. Sher

301 986-4555

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Answered on 1/28/02, 1:50 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Excessive Noise

The problem you are referring to may or may not satisfy

the requirements for constructive eviction. A landlord-tenant relationship can be founded on the duties proscribed by either statutory

law , the common law, or the individual lease. The lease provisions are normally regulated by statutory law. Basic to all

leases is the implied covenant of quiet enjoyment; however, this may not be what it appears. This precludes disruption to the tenant

from a superior legal title to the land including the landlord. A breach of the covenant of

quiet enjoyment may be actual or constructive. A constructive eviction occurs when

the landlord causes the premises to become uninhabitable. The landlord has a duty to ensure reasonable use of the property as contemplated by

the lease. Where there is a residential lease, reasonable use includes nightime rest and sleep. Where the landlord does nothing to

stop a disturbance caused by another tenant, and the landlord was properly placed on notice, the landlord may be in breach of lease provisions or may be imputed with constructive eviction. All this

in mind, there are specific methods to address your problem and self-help, such as non-payment of the rent or moving out without proper notice and process is NOT advised.

An attorney's assistance my be very beneficial to resolve the matter. Please feel free to contact me at (410) 799-9002.

G. Joseph Holthaus III, Attorney

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Answered on 1/28/02, 2:03 pm


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