If the neighbors above me are extremely loud, can I terminate my lease or at least be moved to another unit?

UPDATED: Sep 4, 2012

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If the neighbors above me are extremely loud, can I terminate my lease or at least be moved to another unit?

I’ve lived herefor about a month. I’ve already reported this to the office about 5 times but nothing is getting done. All the noise is affecting my health since I am 71/2 months pregnant. Is there anyway I get them to move me to another apartment or let me out of my lease?

Asked on September 4, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a tenant, you are entitled to "quiet enjoyment" of your premises, or the right to use you space for  its intended purpose (e.g. residence) without undue distrurbance by the landlord or other tenants. If the landlord is refusing to take action, such as providing the other tenants with a notice to stop making noise or else leave, you may be entitled to terminate your lease without penalty. However, since it is very fact-specific when exactly the noise and disturbance would be bad enough to allow this--i.e. noise which you personally find too severe may not be bad enough when viewed by the standards of the average person--you are advised to speak with an attorney before acting. Note also that is your only leverage: if the distrubance is bad enough and the landlord will not take action, you may be able to terminate the lease; you can't force him to give you another apartment, however (though he can certainly voluntarily offer to do so).

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 AttorneyPages.com 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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