Can my tenant break their lease due to constant harassment from a neighbor?

UPDATED: Oct 8, 2011

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Can my tenant break their lease due to constant harassment from a neighbor?

I own a condo in condo complex that consists of mostly owner occupied units. My tenant is being harassed by the next door neighbor for no reason other than they rent and happen to live next to her. She has called the cops dozens of times on my tenants and each time the police found no wrongdoing on my tenant’s part. Now they want to move out because they are sick of dealing with her. re they responsible for the remainder of the lease or do I have to let them walk with no responsibility?

Asked on October 8, 2011 under Real Estate Law, New Hampshire


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

Answered 11 years ago | Contributor

In every lease, there is a "covenant of quiet enjoyment" which means that a tenant cannot be disturbed in his/her use or enjoyment of the premises.  If your permit continued interference with your tenant's use and enjoyment of their apartment, they may be able to sue you for money damages, withhold rent until the disturbance is eliminated, and/or break their lease.

Unfortunately, given the circumstances, you should probably just let them leave without penalty. However, you are not without potential recourse here. Your neighbor's harassment can possibly be addressed legally. You should consult with a real estate attorney in your area area as to your rights to continue to rent out your unit with inference from your neighbor.

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 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.

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