Q: Dealing with Breach of Covent of Quiet Enjoyment
We are dealing with issues with our apartment complex. We have been dealing with excessive noise which breaches the covenant of quiet enjoyment since January (when we reported it) we were told recently that we are months away from a resolution. We have not been properly sleeping and there have been medical issues which require is to move. The complex has said that they are working with the upstairs tenants but it seems that the upstairs tenants are now retaliating against us (if they have been contacted) and the complex will not provide us proof of what is being fine to rectify the situation.
Due to the fact we are suffering we have asked to leave amicably with the apartment complex but they are demanding 2 months rent as a termination fee, however we feel a breach of contract has occurred and that this termination fee is wrongful.
Any assistance would be appreciated as we truly are at a loss as to what to do in order to leave this complex without paying them an unlawful amount.
A: A New York landlord-tenant attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You could repost your question under the "Landlord-Tenant" heading. It was probably overlooked under the general "Uncategorized" heading. Some questions do go unanswered, but you'd have better chances of a response in the L-T category. Good luck
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A:
It sounds like you're dealing with a difficult situation, and your concerns about the breach of the covenant of quiet enjoyment are valid. The covenant of quiet enjoyment protects tenants from disturbances that interfere with their ability to live in peace and comfort. If the noise issues have been ongoing and you’ve reported them without resolution, you might have grounds to claim that the apartment complex has not upheld its responsibilities.
As for the termination fee, if the apartment complex has failed to provide a livable environment, it could be argued that this may be a breach of the rental agreement. In many cases, tenants may be able to terminate their lease early without penalty if the landlord fails to meet their obligations, like maintaining a quiet and habitable living space.
It’s a good idea to document all communication with the complex, including the noise complaints, medical issues, and any responses from management. You may also want to seek legal advice to assess your rights and help negotiate a fair resolution without paying an unlawful termination fee.
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