Q: Is it possible to ask for your lease to be terminated in the event that you've made numerous noise complaints?
I'm having issues with my upstairs neighbor that's getting out of control due to my several complaints against him for playing loud music and dragging his chairs across his kitchen floor in retaliation to my complaints. I have informed my property manage, security and has also called the police. I've requested a motion to terminate my lease due to none replacement of my windows for 2yrs. due to severe drafts during the fall & winter months, maintenance entering my apartment without notification and this recent issue with my upstairs neighbor. The animosity between us is gradually progressing so in my solution to this problem is asking to terminate my least so that I can relocate to another area.
Also, my lease was electronically renewed in Aug. vs Sept. 30 without my consent. Is this still considered a legally binded contract?
A: You can ask, but landlord does not have to agree to an early termination, or landlord can agree -- if you pay an early termination fee. An automatic renewal can be valid. It depends on what it says. If you have given landlord written notice of the problem, then you could start paying your rent on time each month into escrow with your local court. It will have landlord come in to explain what is being done to fix the problem, and can terminate your lease if landlord is not doing enough. Check your local court web site for the rent escrow process.
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.
