Can we get out of paying the early lease termination fee since we are leaving because a neighbor has been allowed to harass us for over a year now?

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Can we get out of paying the early lease termination fee since we are leaving because a neighbor has been allowed to harass us for over a year now?

Since we have moved into this development, we have been harassed by our downstairs neighbor. He constantly bangs on his ceiling when my child plays, than came up and cursed me out when I was alone with my daughter. I had to call the cops. About 7 monhs ago, he confronted my husband in our parking lot. The only solution given was we were offered to move to another unit with fees paid but were only being given the weekend to move. It was impossible. We stated that it was not enough time to move.

Asked on December 30, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you are able to get out your existing lease with your landlord as a result of the difficult neighbor that you have depends upon what the lease states for ending it. Read it carefully in that its terms control the obligations owed you by the landlord and vice versa absent conflicting state law.

Most likely having a difficult neighbor in the complex does not in and of itself allow you to end your lease with the landlord without recourse. That is the unfortunate thing of living in an apartment complex in that one has no idea whether he or she will get along with their neighbor or vice versa.

One option is to consult with a landlord tenant attorney about your situation and to discuss a possible restraining order against the difficult neighbor.


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