Dickinson, ND asked in Landlord - Tenant for North Dakota

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

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1 Lawyer Answer
Nicholas Nelson
Nicholas Nelson
  • Landlord Tenant Lawyer
  • Wahpeton, ND
  • Licensed in North Dakota

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!


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