Can my tenant break their lease due to constant harassment from a neighbor?

I own a condo in condo complex that consists of mostly owner occupied units. My tenant is being harassed by the next door neighbor for no reason other than they rent and happen to live next to her. She has called the cops dozens of times on my tenants and each time the police found no wrongdoing on my tenant’s part. Now they want to move out because they are sick of dealing with her. re they responsible for the remainder of the lease or do I have to let them walk with no responsibility?

Asked on October 8, 2011 under Real Estate Law, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In every lease, there is a "covenant of quiet enjoyment" which means that a tenant cannot be disturbed in his/her use or enjoyment of the premises.  If your permit continued interference with your tenant's use and enjoyment of their apartment, they may be able to sue you for money damages, withhold rent until the disturbance is eliminated, and/or break their lease.

Unfortunately, given the circumstances, you should probably just let them leave without penalty. However, you are not without potential recourse here. Your neighbor's harassment can possibly be addressed legally. You should consult with a real estate attorney in your area area as to your rights to continue to rent out your unit with inference from your neighbor.


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