Q: I have loud neighbors next door constantly partying late hours. Can i with hold rent due to excessive noise?
I have contacted the police on several occasions, I have reached out to the landlord which he ignored my messages. These people are coming out to their backyard at 12am and dont stop until the next morning. Theyre very loud, playing music on a speaker, singing, talking loudly, being aggressive and drinking. It is disruptive to the whole entire building and more specifically to my mental health. I dont feel comfortable or safe in my own home due to this issue. I was wondering if i can withhold rent from the landlord until my lease is up in August?
A: Noisy neighbors are frequent problems for tenants and landlords. Depending upon whether the tenants causing the problem are rent regulated or free market can significantly impact the likelihood of the landlord's ability to address the situation. Withholding rent will likely get your landlord's attention but don't be surprised if you get hit with a nonpayment eviction case.
Peter J. Weinman and Steven Warren Smollens agree with this answer
Guess what? You become the low-hanging fruit and easier for the landlord to pick when you choose to not pay rent than it is going against the obnoxious tenant for nuisance or for other objectionable behavior that would be considered a breach of the lease.
Simply declining to pay rent and continuing to suffer daily while living in this building until your lease ends does not help.
Why not just declare the landlord's failure to control or prevent the disruptions to your living caused by the bad neighbor caused a constructive eviction and forced you to move out?
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