What to do about a noisy apartment complex?

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What to do about a noisy apartment complex?

I moved into an apartment complex 5 months ago. Since I moved in, the peole upstairs have been very loud and noisy. I went to the management office and told them that I need to do something. They suggested I transfer buildings. Yesterday I did so and signed a new lease for 12 months. Guess what? This apartment is 10 times worse than the first and backs up to a shopping complex which gets noisy – deliveries all night long and construction done in the middle of the night. What can I do? There is no way I can continue living here.

Asked on November 27, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the noise is due to factors beyond the landlord's control--such as the noise of a shopping complex--the landlord is not responsible for them and you are not entitled to terminate your lease early. If you do, you will be in breach of your lease and could be sued by the landlord for the rent you would owe for the remaining time of your lease, until its expiration (and/or he could take out of your securty deposit). You could try checking municipal noise ordinances: maybe the shopping center is violating them, in which case you may be able to get the police to enforce the ordinances against them.


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