ShouldI have to pay a fee in order to be moved to a new unit in my apartment complex if the game room is too noisy in my current unit?

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ShouldI have to pay a fee in order to be moved to a new unit in my apartment complex if the game room is too noisy in my current unit?

I live in an apartment and above me is the game room that stays open 24 hours. Ican hear everything that is going on. The loud noise keeps me awake and when company comes to my residence, it is embarrassing. I am unable to sleep and have spoken to the landlord and they say I have to pay a one time fee of $600 to move. The lady that lives next door to me is having a problem with the noise, also. I don’t feel that I should have to pay this fee.

Asked on August 7, 2011 Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should not have to pay a fee of $600.00 to move from your noisy apartment to one less noisy in the same complex. The reasons are as follows:

1. When you signed your lease with your landlord for the unit you are renting, it was most likely not disclosed to you that it would be noisy due to the game room that stays open 24 hours. Your landlord had an obligation to disclose this fact to you in that it could be a material consideration for a person wanting to rent the unit you rented.

2. In most states, there is an implied warranty of habitability for premises leased to a tenant that it will be safe and not have conditions that would be disruptive to the intended tenant.

You are being disturbed by the loud noise coming from the complex's game room that benefits the complex to your and another neighbor's detriment. You are not getting what you paid for when you entered into you lease.

Had you known the noise conditions of the unit you rented, most likely you would not have signed your lease.

You should advise your landlord that either the $600.00 fee to move is waived or you will teminate your lease.

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should not have to pay a fee of $600.00 to move from your noisy apartment to one less noisy in the same complex. The reasons are as follows:

1. When you signed your lease with your landlord for the unit you are renting, it was most likely not disclosed to you that it would be noisy due to the game room that stays open 24 hours. Your landlord had an obligation to disclose this fact to you in that it could be a material consideration for a person wanting to rent the unit you rented.

2. In most states, there is an implied warranty of habitability for premises leased to a tenant that it will be safe and not have conditions that would be disruptive to the intended tenant.

You are being disturbed by the loud noise coming from the complex's game room that benefits the complex to your and another neighbor's detriment. You are not getting what you paid for when you entered into you lease.

Had you known the noise conditions of the unit you rented, most likely you would not have signed your lease.

You should advise your landlord that either the $600.00 fee to move is waived or you will teminate your lease.

Good luck.


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