Question about breaking a lease...

[MainStMandy]

I know it varies from state to state, but I have a question.

Besides a SLEW of other problems (all being emailed to the landlord and saved with return reciepts) the noise outside my building is awful. I got a total of 4 hours sleep last night (and not solid). Sunday is karoke night at a local bar and I could swear they are singing in my living room...couple that with the other bars, the loud drunks AND that irritiating guy reving his motorcylce engine for no reason...and that's just a SUNDAY!!!

Is this a legitimate complaint regarding living there? Or am I going to have to rely on my other complaints?

 

[phorsenuf]

I don't know the laws for that but if you knew going into the lease that all those bars were there than it is expected to come with nose. As long as they aren't breaking any ordinances I doubt anything could be done (or said) as a legitimate reason. (hope that made sense)

Essentially you knew going into this lease you were in a high traffic/noisy area. I doubt they would let you out of it for those reasons.

ETA: Hmmm......methinks perhaps someone wants to move closer to their boyfriend perhaps? :

 

[tw1nsmom]

Really...no. It's not a reason to break a lease. The noise you're describing can't be controlled by your landlord. If you were saying that one of the other tenants in the building was disruptive and that you had documentation that the landlord planned to do nothing about it, then you might have a case. I'm assuming you knew that there was a bar near the apartment before you rented it (I vaguely remember that the proximity to restaurants and nightlife was a selling point on this place before you moved in). He also can't control what others do on the street.

I would invest in a fan or other white noise machine. I would put insulated curtains on the windows facing the street. I would even consider hanging a decorative blanket on the wall to deaden the sound a little. If you absolutely can't take the sound anymore, then you have to decide if you can afford to buy the lease out. The other alternative is to talk to the landlord about the possibility of him finding another tenant before your lease is up. I would anticipate that you would have to give up your security deposit (he would have cleaning and advertising expenditures that he wouldn't otherwise have), but you may get out of having to pay out the remainder of your lease.

 

[Mom2Nick]

Nope you cannot break a lease because you made a poor decision and you're regretting it now.....

The landlord cannot control noise from outside sources. He cannot control the bar, the revving motorcycle or anything else. If it was in HIS building and it was another apartment - then you can complain and expect him to do something.

Everything else is just nonsense - sorry. It's like people that buy houses next to the airport then complain about the noise.......

 

[claudia]

no. Call a legal aid office or the state department that handles housing issues. Have a copy of your lease when you call them. Remember your lease is a contract and will have penalties if you break it.

 

[The Mystery Machine]

Is this a legitimate complaint regarding living there? Or am I going to have to rely on my other complaints?

No. You are living next to bars.

As far as breaking a lease, that is in your lease agreement.

We just broke a lease with our apartment, however we signed a 6 month with option to break for $2000.

 

[MainStMandy]

Lol that is kinda what I thought...I wasn't really getting my hopes up.

ETA: Hmmm......methinks perhaps someone wants to move closer to their boyfriend perhaps? :

Lol well maybe someday, but that's not the reason for breaking the lease (although that is maybe where I would end up if it happens). There are a lot of other issues I have had since moving, nothing too major but when they all add up...I just feel like I am paying for a lot more than what I am getting. I believe they are a new management company and kinda rushed moving people in without being prepared. I have talked to other tenants and they are having the same issues as me, plus more!

Really...no. It's not a reason to break a lease. The noise you're describing can't be controlled by your landlord. If you were saying that one of the other tenants in the building was disruptive and that you had documentation that the landlord planned to do nothing about it, then you might have a case. I'm assuming you knew that there was a bar near the apartment before you rented it (I vaguely remember that the proximity to restaurants and nightlife was a selling point on this place before you moved in). He also can't control what others do on the street.

I would invest in a fan or other white noise machine. I would put insulated curtains on the windows facing the street. I would even consider hanging a decorative blanket on the wall to deaden the sound a little. If you absolutely can't take the sound anymore, then you have to decide if you can afford to buy the lease out. The other alternative is to talk to the landlord about the possibility of him finding another tenant before your lease is up. I would anticipate that you would have to give up your security deposit (he would have cleaning and advertising expenditures that he wouldn't otherwise have), but you may get out of having to pay out the remainder of your lease.

Thanks for the suggestions. I have those curtains but I don't think I could sleep with a white noise machine...I have trouble sleeping with even the tv on...ear plugs might be next I guess. I knew the neighborhood wasn't going to be the quietest, but it's far worse than I expected plus it's not just Fridays and Saturdays...I think Sunday's are actually the worst...plus it's not like I can sleep in if I don't get enough sleep becaues I have to work on Monday morning.

Nope you cannot break a lease because you made a poor decision and you're regretting it now.....

The landlord cannot control noise from outside sources. He cannot control the bar, the revving motorcycle or anything else. If it was in HIS building and it was another apartment - then you can complain and expect him to do something.

Everything else is just nonsense - sorry. It's like people that buy houses next to the airport then complain about the noise.......

Wow...no reason to be rude. I was asking a legitimate question that I didn't know the answer to. A no, like everyone else said would have sufficed. I don't understand the attitude...was I mean to you on another thread that I am not aware of?

no. Call a legal aid office or the state department that handles housing issues. Have a copy of your lease when you call them. Remember your lease is a contract and will have penalties if you break it.

No. You are living next to bars.

As far as breaking a lease, that is in your lease agreement.

We just broke a lease with our apartment, however we signed a 6 month with option to break for $2000.

Yea I have been looking into it, I am not sure it's going to be at all possible and I need to look into the penalties.

Thank you for everyone's advice. I kinda figured that was the answer, but I am exploring all my options.

 

[Mom2Nick]

Wow...no reason to be rude. I was asking a legitimate question that I didn't know the answer to. A no, like everyone else said would have sufficed. I don't understand the attitude...was I mean to you on another thread that I am not aware of?

Being honest is being rude??? Ok.....

 

[MainStMandy]

Being honest is being rude??? Ok.....

It's not about being honest, it's your choice of wording.

Everything else is just nonsense - sorry.

How do you know what my other complaints are? Actually everything else I have been having problems with directly relate to my apartment building and the parking lot that I pay extra to park in.

 

[Mom2Nick]

It's not about being honest, it's your choice of wording.


How do you know what my other complaints are? Actually everything else I have been having problems with directly relate to my apartment building and the parking lot that I pay extra to park in.

I was referring to your complaints about the things your landlord has no control over and I guess you missed my inclusion of the word "sorry". You are choosing to be offended.

 

[Belle1962]

I'm not sure how legal/valid "email" is as a method of communication. Just to cover your bases I would send an official letter via USPS, certified. You could include copies of the emails & read reciepts if you wanted. Just FYI.

 

[MainStMandy]

I'm not sure how legal/valid "email" is as a method of communication. Just to cover your bases I would send an official letter via USPS, certified. You could include copies of the emails & read reciepts if you wanted. Just FYI.

Thank you. I have been thinking about that as I wasn't sure how seriously my emails would be taken. That is why I was keeping the read reciepts too so the landlord can't say they didn't get it. She responds to MOST of my emails but has ignored one or two.

 

[Took]

Thank you. I have been thinking about that as I wasn't sure how seriously my emails would be taken. That is why I was keeping the read reciepts too so the landlord can't say they didn't get it. She responds to MOST of my emails but has ignored one or two.

Yes. Write all of your complaints and those of any other tenants who are willing to join in and send these in a regitered letter to the owners/landlord (both, if they're different).

Also, I can't normally sleep with ANY t.v. or radio noise but a few years back found that a nice (loud!) dehumidifier or similar machine helped me sleep. I now use a white noise machine set on "rain" or "waterfall" and really appreciate the noise. I take it to all hotels and use it at home.

 

[DMickey28]

I second the white noise machine. I can't sleep with the TV or any other noise but I need my white noise machine. I actually use that and ear plugs because DH snores a ton. The ear plugs don't block the noise but dull it enough that I can sleep. I can also still hear DS on the monitor with them.

 

[MainStMandy]

I second the white noise machine. I can't sleep with the TV or any other noise but I need my white noise machine. I actually use that and ear plugs because DH snores a ton. The ear plugs don't block the noise but dull it enough that I can sleep. I can also still hear DS on the monitor with them.

Yea I am thinking ear plugs will be a good alternative to sleeping with pillows over my ears

I expected this on Friday and Saturdays...but now it is happening on Sundays and in the middle of the week. I am hoping as the colder weather comes it will get better and maybe I can get out of there before springtime.

 

[perla75]

Yea I am thinking ear plugs will be a good alternative to sleeping with pillows over my ears

I expected this on Friday and Saturdays...but now it is happening on Sundays and in the middle of the week. I am hoping as the colder weather comes it will get better and maybe I can get out of there before springtime.

No such luck about winter weather. I used to live close to bars, so I obviously expected noise when I moved in, but I found that colder weather seemed to attract more people in the bars-alcohol warms people up!

 

[Cool-Beans]

You live by a bar, you can plan on noise from the bar. Bars are noisy. The people coming in and out are noisy. If you didn't know that going in, too bad, so sad, suck it up and deal with it. Now you know.

We had some serious problems with a landlord when I was young. The most serious was heat. He didn't turn it on. We needed that.

We (all the tenants) wrote up a list of crap - but put HEAT at the top of that list. The rent money was put into a type of escrow and the landlord got X many days to fix that. Then the building department came in and found mold and he got X many days to fix that. Then another thing and another thing...he eventually agreed to let us out of our leases.

They do act pretty quickly when it is winter and there is no heat, but the courts don't just bing-bang-boom let you out of a lease.

 

[MainStMandy]

You live by a bar, you can plan on noise from the bar. Bars are noisy. The people coming in and out are noisy. If you didn't know that going in, too bad, so sad, suck it up and deal with it. Now you know.

There seems to be a lot of people who woke up on the wrong side of the bed today...

 

[jackskellingtonsgirl]

My mom is having issues with neighbors from hell, so we have been having lots of discussions over what constitutes landlord responsibility.

Go through your lease line by line. Determine what (if any) of those things are not being met by the landlord. Things that are their responsibility that have been ignored may give you some leverage, but noise from neighboring businesses is not something your property company has any control over.

If the revving motorcycle guy lives there then you can file a specific complaint about HIM, but don't expect any results. Mom's neighbors drive those huge, loud pick-ups and blast the music from them at all hours on any given day of the week and so far there has been no action against them.

If you have to call the police then document the days/times/reasons. Mom called the police when a fist fight broke out just outside her window one night.

I'm not sure how you would go about finding out if the noise levels from the bar exceed the allowable levels for the zoning. If they do then that might be an avenue to explore. Do some research about how far the bar has to be from a residence. DH delivers product to grocery stores, and the noise ordinances prohibit deliveries to stores that adjoin residential neighborhoods prior to 7 AM. If your building is new construction maybe somebody is violating something.

IF, and that is a HUGE IF, you have enough documented cases of the property company not holding up their end of the lease agreement then you can try writing a registered letter to them detailing all of your reasons for being unhappy. Remember, the reasons have to be things the property management is legally responsible for. That MIGHT give you enough leverage to get them to allow you to move out, no harm, no foul. They will probably keep your security deposit.

Our lease says if we move out we still have to pay rent through the end of the lease, plus a penalty fee.

Good luck!

 

[perla75]

There seems to be a lot of people who woke up on the wrong side of the bed today...

Well, the bar thing was fairly obvious and I think people are confused as to why you might think the landlord would be responsible for neighborhood noise...

What were your other issues (the apartment related ones)? Those, on the other hand, might be grounds for breaking a lease or immediate fixing-depending on what they are.