Can I break my lease without penalty due to the loud noisesthat management refuses to deal with?

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Can I break my lease without penalty due to the loud noisesthat management refuses to deal with?

I just entered a 12 month apartment lease. Since moving in a month ago the person living in the unit above us makes non-stop disturbing noises 24/7. We’ve complained to management about this several times via face-to-face meetings and e-mail but they refuse to take action. We have left a note asking if she could please keep the noise down during the late evening but it seems to keep getting worse.

Asked on November 5, 2011 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *may* be entitled to terminate your lease. All tenants have a right to quiet enjoyment of their premises--or a right to actually make constructive use of the premises for their intended purpose, such as a residence. If the landlord breaches this right, or allows other tenants to do so, it may give rise to a right to terminate the lease and/or seek monetary compensation.

Whether or not this situation rises to that level will depend on the specific facts--how loud, when, how often, etc. it will also depend on whether you have given the landlord the proper (written) notice or demand to correct the condition, and allowed them some reaonable time after that to take action. You would be best off consulting with an attorney, who can evaluate the situation and your options and provide the proper notice to the landlord to start the process.


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