Can we terminate our lease due the landlord failing to enforce the lease’s “quiet hours”?

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Can we terminate our lease due the landlord failing to enforce the lease’s “quiet hours”?

We currently have 11 months left in our lease. I have made several complaints over the last 2 months to our landlord regarding ort noisy neighbors. For the past month I have made 5 to 6 complaints in writing, plus calling the office.

Asked on September 12, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read your written lease (assuming you have one) between yourself and your landlord concerning your rental in that its terms and conditions control the obligations owed to you by your landlord and vice versa in the absence of conflicting state law.

You need to read the provisions in your lease about the quiet hours agreement and what remedies are there if this portion of the agreement is not adhered to. This is how you decide whether or not the breach of the quiet hours provision in your lease would allow you to end your lease early.

From what you have written, it seems as though you are setting a pretty good written record about the noise issues that you have with the rental and its detrimental effect upon you.

Goodluck.


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