Can I ask to be moved to another property under the same management if I have a disruptive neighbor?

UPDATED: Dec 31, 2011

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Can I ask to be moved to another property under the same management if I have a disruptive neighbor?

I moved to my apartment 1 month ago. Prior to moving, management gave me a tour and assured me it was a quiet community. My first night I heard screaming and someone banging on the wall below me. I ignored it the first night but it has happened every night since then. I spoke with the property manager about it and she told me she was aware of what was going on and told me the lady that lives below me is mentally retarded and has 24 hour caregivers. She went on to tell me that she needed to speak with their lawyers concerning the situation because they cannot discriminate against her but at the same time I cannot be inconvenienced. She told me this 3 weeks ago and I have called several times and she keeps telling me that she has not heard back from their lawyer. What should I do? Can I ask to be moved to another property under the same management? It is also not a safe and clean environment.

Asked on December 31, 2011 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a disruptive neighbor that the property manager knew about in the complex before you moved in and you were not advised of this before you signed the lease, you can possibly end your lease in that the property manager had an obligation to disclose this material fact to you before you signed the written lease agreement.

The failure to do so may result in your ability to legally terminate the lease without recourse should you desire beyond simply asing to be moved by management to another rental. I suggest that you consult with a landlord tenant attorney about the situation that you are in.


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