Is there anyway I can break my lease without any penalties?

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Is there anyway I can break my lease without any penalties?

I have been having noise complaints with the tenants that live above me and I have contacted the property manager and have left several complaints with the office but all they said is that they are going to put padding inbetween the floors to suppress the noise. I have made several complaints about the tenants over the past 10 months but they are receiving no kind of violation.

Asked on February 1, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are entitled to quiet peace and enjoyment of your unit. This is built in to every tenancy (especially written and enforceable leases). If the tenants above are creating a nuisance, and you have informed the management, then you need to contact the police when it occurs and see if that will help the situation. Further, file a complaint with the consumer protection agency who handles landlord tenant disputes. You can always move but please understand you would most likely have to file this complaint or sue to get your monies back if you go with the position your landlord breached the lease by failing to ensure you have quiet peace and enjoyment of your property.


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