Q: can I break a lease due to constant noise ?
I am in a lease with my apartment. There is a constant thumping noise in my bedroom ceiling or wall every night from 10 pm to 8 am. I made repeated requests to have it investigated and they finally sent someone to witness it. He agreed that it was awfulnand must be very hard to live with. But no further action has been taken.
The past 2 days the noise has been going all day and night.
I do not feel like these conditions are livable
A:
From what you have stated, it appears that the sound is not coming from an upstairs neighbor, but from the building itself? If that is the case, then you may have a case against the landlord for breaching the implied warranty of habitability. Habitability is interpreted into all residential lease agreements even if it is not mentioned in the lease agreement. It means that the premises must be fit for human habitation. The noise may breach the implied warranty of quiet enjoyment, which is also interpreted into all residential lease agreement even if it is not mentioned in the lease agreement. Like it sounds, it warrants that the tenant shall have undisturbed use and enjoyment of the property.
If the noise is coming from an upstairs neighbor, you may still be liable on the lease agreement to your landlord, but you may be able to recover rent payments from the neighbor by bringing a claim against the neighbor for private nuisance.
I hope this helps!
*DISCLAIMER* THIS IS GENERAL LEGAL INFORMATION, AND I CANNOT PROVIDE ADEQUATE LEGAL ADVICE WITHOUT FIRST DISCUSSING AT LENGTH THE FACTS AND CIRCUMSTANCES OF YOUR PARTICULAR MATTER.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
