If the neighbors above me are extremely loud, can I terminate my lease or at least be moved to another unit?

I’ve lived herefor about a month. I’ve already reported this to the office about 5 times but nothing is getting done. All the noise is affecting my health since I am 71/2 months pregnant. Is there anyway I get them to move me to another apartment or let me out of my lease?

Asked on September 4, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a tenant, you are entitled to "quiet enjoyment" of your premises, or the right to use you space for  its intended purpose (e.g. residence) without undue distrurbance by the landlord or other tenants. If the landlord is refusing to take action, such as providing the other tenants with a notice to stop making noise or else leave, you may be entitled to terminate your lease without penalty. However, since it is very fact-specific when exactly the noise and disturbance would be bad enough to allow this--i.e. noise which you personally find too severe may not be bad enough when viewed by the standards of the average person--you are advised to speak with an attorney before acting. Note also that is your only leverage: if the distrubance is bad enough and the landlord will not take action, you may be able to terminate the lease; you can't force him to give you another apartment, however (though he can certainly voluntarily offer to do so).


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