Is the landlord held to the same standards of a leaseas isthe tenant?
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Is the landlord held to the same standards of a leaseas isthe tenant?
The lease for my apartment specifically states that the landlord can terminate the lease for excessive noise complaints against a tenant. The tenant will receive 3 warnings, and if there is still a noise problem the lease will be terminated. As a tenant can I hold them to this statement applying to other tenants? We have submitted 5 noise complaints, the landlord has returned our call/checked the issue twice, but the problem has not changed. We are not just bothered but loosing sleep and sanity. It is effecting my health to the point that I may have to move elsewhere just to live in peace. If I have to move am I entitled to any reimbursement for moving expenses?
Asked on June 10, 2011 under Real Estate Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The lease between you and the landlord is what it says it is and it applies only to you and the landlord. You have no idea what the lease between the landlord and the noisy tenant says and you have no right to enforce any provision in thatlease because you are not a party to that contract. Now, I hope that you have been documenting the complaints (date, time, reported when, etc.) because you do have what is known under the law as a right to quiet enjoyment of your rental apartment. You can not,. though, just leave as it would be considered a breach of the lease agreement, You should consider going to court and starting a proceeding to pay your rent in to court and ask for an abatement (reduction) of the rent until the matter is taken care of. If it is not and continues the court will possibly allow you to break the lease. Good luck.
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