Can I break my lease if I have noisy neighbors that keep loud music on day and night.

UPDATED: Sep 18, 2011

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Can I break my lease if I have noisy neighbors that keep loud music on day and night.

As a tenant do I have the right to break my lease early if my landlord fails to provide me with the peace and quite. I have neighbors that just moved above me and they play loud music all day and night. I am a mother of an autistic child and a lot of noise makes him very uneasy. How can I get out of my lease or do I have the right to with/hold rent until something is done?

Asked on September 18, 2011 under Real Estate Law, Texas


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

Answered 11 years ago | Contributor

Sufficiently loud and disruptive neighbors in the same building might provide grounds for what is known as "constructive eviction" on the grounds that you can no longer stay in your unit and are effectively being forced out. Although, to make a claim for constructive eviction requires a high threshold of proof. Generally, it takes something significant and ongoing to provide grounds to terminate a lease or constructiveeviction. However, the fact that your son has special needs might qualify.

There is also another avenue that you can pursue. Every residential lease contains what is called an "implied warranty of peaceful enjoyment". In a case such as this you could claim a breach of that covenant. In such a case, you can either terminate your lease or withhold rent until the breach has been rectified. Again, while not necessarily easy to accomplish, considering your son's condition they are possible options.

However, there are various rules/procedures that must be followed in utilized any of these remedies. Doing so could lead to a whole other set of problems with your landlord. The fact is a t this point you should consult with an attorney who specializes in landlord-tenant matters. You may also want to speak with a tenant's rights organization.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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