Can we terminate our lease early due to noise issues with our upstairs neighbors?

UPDATED: May 21, 2012

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Can we terminate our lease early due to noise issues with our upstairs neighbors?

We moved into an apartment 3 months ago and since then we have had to call the police several times for noise issues with our neighbors. The police agreed that the noise was too much but because he couldn’t hear it for 50 feet from their living room, he couldn’t fine them. Our landlord was notified and promised to talk to them. They have not. The noise has gotten worse. We have talked to the neighbors and they have yet to ease up. We sleep 3-5 hours at most a night and my husband was prescribed sleeping pills so that he could sleep through the noise and still function the next day.

Asked on May 21, 2012 under Real Estate Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

If you have a "standard lease" then your landlord probably has an obligation to you regarding the noisy neighbors.  Landlords warrant your right to "quiet enjoyment" of property and if that right is disregarded then some one  - or maybe both landlord and neighbor - is in violation of the lease.  But you can not render your landlord in breach or your lease void.  A court must do that.  So seek help.  Good luck.


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