Bridgewater, NJ asked in Contracts for New Jersey

Q: Do we have a leg to stand on when it comes to breaking our lease agreement due to many noise complaints we've made?

We live above a retail establishment (wine bar & restaurant) We are right above them. We have lived here 6 months and from the start we have made numerous complaints with the building about the noise at night. The establishment turn into a nightclub between 8:30-9:00 most nights, the bass shakes our apartment so badly that we cannot even hear our tv. There is also a Claus in our lease that states there is no smoking on the premise. Yet smoke fills our apartment and we can't even open our windows at times. Some nights as late as 3:30 AM. Both the establishment and our building are owned by the same company. If we have to abide by our lease why do they not have to abide by the rules as well? I will say that this noise was not disclosed to us prior to signing our lease. We couldn't take it anymore and decided to buy a house. If we break our lease we will need to pay $7000+ for 2 months rent. Do you think we have ground to get out of that?

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