Filing a lease violation complaint.

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Filing a lease violation complaint.

Apt. lease states renter agrees to “maintain a peaceful living environment”. A neighbor, possible mentally ill, frequently has loud outbursts of yelling and swearing and plays radio/tv at loud volumes. Plan to have meeting with mgmt but I would like to know, if mgmt states neighbor claims mental illness, can I counter with question asking if neighbor has to prove medical compliance in order to be protected by disability laws?

Asked on May 27, 2009 under Real Estate Law, Michigan

Answers:

BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Actually, disability laws wouldn't be a factor here.  As a tenant, you have the right to the "quiet enjoyment" of your rented property - regardless of your neighbor's mental state.  Management can breach its duty by continuing to allow your neighbor to act out.  If it continues and you have to move out (or "constructively evict" yourself), your landlord may be responsible for any expenses you incur due to the move.  Make sure to put your all of your concerns in writing in case it comes to that point.


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