Can I break my lease if my neighbors and I do not get along?

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Can I break my lease if my neighbors and I do not get along?

I just moved into new apartment with 2 small kids (lease for 12 months). My neighbors started to complain that music in my apartment is to loud (it isn’t; I have 2 small kids home and I’m not making a party). She wants me to play so quiet that Ican barely hear. Now my neighbors from downstairs complain that my kids make to much noise and scream at them on stairs for making too much noise. Is there any chance that I can move out now? I’m fine with leaving my security deposit but I can’t make any additional payments. Can my landlord evict me for this and if yes (would be great) do I need pay for that month of rent?

Asked on July 19, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can rake your lease for various reasons under most state laws.  When, say, an apartment becomes uninhabitable then you can claim constructive eviction and leave.  When you are being denied the "quiet enjoyment" of your apartment because of harassing neighbors (and you have complained to the landlord in writing many times and they still harass you) then maybe then too.  Can you landlord evict you?  Possibly but he may not want to.  It can be costly.  Your best bet in this situation may be to approach your landlord and negotiate yourself out of your lease.  If you neighbors are complaining to you ten to one they are complaining to the landlord.  He may be very happy to have you leave.  But do not be so quick to give up too much.  Security deposits are not to be used for rent.  If he agrees to let you then get it in writing.  Good luck. 


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