Can I legally break my lease under the “quiet enjoyment” clause due to incredibly loud live music from a restaurant next door?
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Can I legally break my lease under the “quiet enjoyment” clause due to incredibly loud live music from a restaurant next door?
When I applied for the apartment I specifically asked about the noise and was told that it was not bad, and that the only noise was from people outside. However, after moving in, it became clear that the restaurant had a separate door that led upstairs to a concert stage right on the other side of the living room wall. The music is so loud that the whole room shakes.
Asked on June 18, 2012 under Real Estate Law, Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the restaurant is in a building owed by your landlord and the music from it is so loud that you cannot enjoy the apartment that you have rented, then you are in a good position to end your lease due to the breach of the covenant of "quiet enjoyment" implied in every lease between the tenant and the landlord.
Before you terminate your lease, you need to place your landlord on written notice about your situation and give him or her a reasonable amount of time to rectify the loud music situation to your satisfaction regardless if he owns the building where the restaurant is located.
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