Can we terminate our lease due to loud and persistant dirt bikers, of which the leasing office was aware of us but failed to inform us of?

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Can we terminate our lease due to loud and persistant dirt bikers, of which the leasing office was aware of us but failed to inform us of?

The dirt bikers are constantly riding around anywhere from 3-5 times a week and normally between noon and 9 pm. They are also not on the complex property, but rather in a vacant lot right next to our apartment. We have complained about the noise many times because there is no wall that separates our apartment building from the vacant lot. Myself and the leasing manager has contacted police numerous times because of the disturbance, only to be told that they do not have the authority to do anything because it is private property.

Asked on June 28, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately, you almost certainly cannot terminate your lease. If the landlord is fulfilling its obligations, then you may generally not terminate a lease due to the actions of third parties not under the landlord's control. Also, a landlord does not have an obligation to affirmatively disclose, without being asked, what third parties do on their own property, so the landlord's failure to disclose the dirt bikers does not constitue fraud. The only way you would seem to have grounds to terminate or void the lease would be if you, prior to leasing, specifically asked the landlord about the noise levels in the neighborhood, espcially if indicated that this was a concern of yours--if you did, and the landlord lied in answering the question, that lie could constitute the sort of fraud that might let you void the lease.

Speak to a real estate attorney:

1) If there are any noise, safety, or zoning ordinances which the dirt bikes violate, you may be able to take action on those grounds.

2) Even if there are no ordinances, if the dirt bike riding is clearly inappropriate for the type and character of your neighborhood, it may be possible to bring a "nuisance" action against the lot's owners.


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