Can I legally break my lease under the “quiet enjoyment” clause due to incredibly loud live music from a restaurant next door?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption