If my landlord is in breech of contract by refusing to address noise issues, what are my legal options?

For months, the people living below us have been torturing us with non-stop noise, enough to make the apartment shake. They do drugs and deal drugs in the parking lot. They are abusive and neglectful toward their children. Also, according to my landlord, they haven’t paid their rent in months. Meanwhile, I am paying good money to live here under severe stress. My landlord has literally lied to us about starting the eviction process. The lies have been going on for a month and today he admitted he hadn’t even begun the legal process to remove these tenants. I want to make sure they are evicted. Can I stop paying rent until they are evicted?

Asked on June 25, 2012 under Real Estate Law, West Virginia

Answers:

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

Answered 8 years ago | Contributor

No you can not stop paying rent but you can either start an action in landlord tenant court for a breach of your rights or ask the court to void your lease due to the illegal activity and the potential danger involved.  The problems could make the place "uninhabitable" for you and you can ask that the court allow you to pay your rent in to court until it is remedied or break your lease if it is not. The landlord will take action a lot faster. Good luck.


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