What to do if my apartment is subject to a deafening honking of geese under my windowbecause residents feed them?

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What to do if my apartment is subject to a deafening honking of geese under my windowbecause residents feed them?

Last week I moved into a 3rd floor apartmentfacing a golf course. The 1st floor resident and a resident of the neighboring building. keep throwing bread over the railing to the golf course,in order to feed the packs of large Canadian geese that roam around. They feed them 6 times a day. The deafening honking continues all day long until they get fed. I asked the manager to request that they stop feeding the geese. She called the 1st floor resident but his response was very hostile. The manager says she can’t do anything else. What are my options? Can I request another apartment at their expense?

Asked on February 20, 2011 under Real Estate Law, Texas

Answers:

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

Answered 10 years ago | Contributor

In every lease there are implied covenants of habitability and quiet enjoyment.  Habitability has to do with the premises (including the common areas outside) being in a safe and sanitary condition.  You didn't mention it, but I imagine that the grounds are less than hygienic right now.  More to the point of your case, quiet enjoyment has to do with just that - being able to quietly enjoy your rental unit.  Obviously you can't do that given the circumstances.  You again need to contact your manager and make them aware of your legal rights (preferably in writing - keep a copy).  If they still fail to remedy the situation, you may have grounds to terminate your lease.  However, before taking any action (termination, withholding rent, etc) you need to consult directly with a tenant's right organization or an attorney who specializes in landlord/tenant matters.  Failing to follow the law could end up costing you.


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