Q: Can I break my lease because of my noisy and disrespectful neighbor?
I contacted my property manager concerning my upstairs neighbor. They have been consistently on their balcony late at night taking phone calls that often become heated. One night she was screaming at what I believe is their significant other. I have recorded multiple videos (not including their face) and have shared them with the property manager for proper documentation. I work 6 days a week for 12 hours at a time and I have seen a steady decline in my performance. I drive about an hour to my site before the sunrises everyday. I need to be fit to work and constant fatigue is not what I expected when I signed my lease. I don’t want to involve the police, but feel I may have to. My property manager said they have communicated with my neighbor over the noise complaints but the noise has not stopped. I don’t want to live there anymore. What are my options?
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A:
It sounds like you're dealing with a stressful situation. Since you’ve already contacted your property manager and documented the noise issues, you're on the right path. It’s important to keep detailed records of each disturbance, including dates and any responses from the management. If your lease agreement or local laws have a “quiet enjoyment” clause, you may have grounds to argue that your neighbor’s behavior violates this, potentially allowing you to break the lease without penalties.
Check your lease for any specific terms regarding noise complaints and tenant rights. You can also review local tenant laws to see if they provide additional protections or remedies in cases like yours. If your property manager hasn’t resolved the issue, you might consider sending a written notice stating that the disturbance is affecting your health and ability to work, further documenting your efforts to resolve the problem.
If the issue persists, another option could be to involve a mediator or legal counsel to explore whether you can terminate the lease early. Involving the police is a last resort, but you can also seek advice from a tenants' rights organization to understand all your options before making any decisions.
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