HELP BREAKING APARTMENT LEASE EARLY!!!

KCDC Posted: Oct 24, 2003 11:21 AM

HELP BREAKING APARTMENT LEASE EARLY!!!

ok- I am completley harping on the apartment thing. And yes, moving back home. I need to break my lease early-like 6 months. As I said in past posts, the people upstairs are unbearable. The rental office suggests we put a complaint in writing. Well, that just makes matters worse. The thing is though, they are not doing it on purpose. They are living. They pay the same rent as us, and they are just living. Unfortunately, they live louder than most people. The fact I can hear them talk, snore, roll over in bed....and hear what they do on a personal level (wink, wink) is not their fault entirely. Maybe the tv's surround sound they can control, but we already said something to them twice about it, and its just plain ignorance. I'm tired of sleeping out to get a good nights sleep. Plus they have a kid who is really loud, but he's just a kid. The apartment is just really bad as far as sound is concerned.
The lease is up April 1st, 2004

So I called the office and told them I want to terminate the lease. I told them of the situation, and that I did not want to make a complaint against them. I told them that its not their fault, and that the apartment, for $1615 a month, should be more sound proofed. I told them we just want to leave, end of story. These are my options though:

1. Sublease (but I'm resonsible) NO WAY
2. Guarantee them rent til THEY re-rent. But there's already like 7 available, and they can't even rent those.
3. I can leave, forfit my security, and have to pay for 2 months after I leave.

Should I call my lawyer? Is there any way around this? It's so unfair. What ever happened to 'quiet enjoyment'? I really need advice. I want to get out of here as quick as possible.

KarenK122 Posted: Oct 24, 2003 11:32 AM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

Did you read your lease? There is usually a clause in there for breaking it early. I broke two leases and one has a clause stating we had to give them 30 days notice and then loose the deposit. Which is what we did.

The other was 60 days notice and lose the deposit but we had multiple problems with that place, bathroom caving in...bug problem, the office turned off all outside lights to save money, etc. and we took photos of everything and wrote to the main office (not the leasing office in our complex) and we were released from the lease and was giving back our deposit plus some.

I wouldn't suggest 'stiffing' the complex and just leaving because you'll need them as a reference if you plan on going anyplace else.

good luck

KCDC Posted: Oct 24, 2003 11:57 AM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

I have no problem losing the security, I just dont see why I have to pay for 2 additional months on top of it. I wouldnt just stiff them either, they could come after me legally. I read the lease twice, and its specific in the terms of not breaking it early. But what about their duty to me, for quiet injoyment? I'm not getting that.

Fran M Posted: Oct 24, 2003 12:19 PM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

Unfortunately I think you may be stuck. If you are not willing to pursue the quiet enjoyment side and make formal complaints to the mgt office the police etc. I dont think you are going to get anywhere with that clause. By the time you get thorough all the levels of complaints you will have most likely spent 2 months fighting.

Its unlikely that a landloard with 7 vacant apartments is going to be a nice guy and just let you go. You never know, you can try to just give them notice stating your complaint and leave. See what happens, let them try to come after you for the additional 2 months.

Mary Posted: Oct 24, 2003 12:34 PM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

You need to start writing letters. In order to make a claim, you need a paper trail.

KarenK122 Posted: Oct 24, 2003 04:36 PM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

You definately need to start writing letters like someone said and start a paper trail.

If the noise that is above you is noise do to 'normal' living then there is really nothing that can be done by the apartment complex. I know it is a pain and annoying but unless they are doing something crazy and are disturbing the peace, the office can not get involved.

Try talking to the leasing office again and tell them of your displeasure and maybe they can work out a deal with you. If they have 7 open apartments though they might want all the money they can get.

How much longer is your lease for?

swags1016 Posted: Oct 24, 2003 08:39 PM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

You should be able to break the lease on quality of life issues. Tell them about the people above you. They are not doing it maliciously however you cannot sleep they are interrupting your day-- something to that effect.

papabear Posted: Oct 24, 2003 11:42 PM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

7 empty apartments - why can't you just move to one of those? compromise with leasing company - ask to be given access to them at random times of the day and see which one suits your needs.

downstairs apartments are always noisier and hence usually a little less $$ per month

you sign a contract to afford the both you and landlord certain privileges - your right to quiet enjoyment is not compromised by neighbors who are just being themselves.

yabbobay Posted: Oct 25, 2003 12:11 AM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

you are obligated to pay the entire lease...but DH and I broke a lease (right after 9-11 no less) and he just took the security...

also remember if they rent out your apt...they cannot charge you

KCDC Posted: Oct 25, 2003 09:16 PM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

We were going to move to another one, but then my dad offered us to move back home to save more money. It's going to be the same way anywhere we go. No joke- last night, I got home from work at 1:00 am., went to go lay in my bed, and they were snoring. DH and I were hysterical laughing, but if we can hear them, they can hear us. And thats just snoring (wink, wink), We just dont want it anymore. How on earth can a complex that it is sound proofed more than other apartments, and you can hear a couple snoring? I wish I was exaggerating, however, I'm not. Even our parents thought we were crazy until they stayed late one night just to listen. They were like 'holy shi*'. That's when my father told us we're nuts for paying this kind of money, and to come back with him until we saved a little more money for a down payment. I know I cant rely on 'quiet enjoyment' but dont I have ANY rights as a tenant? Why should I have to pay for something under these circumstances. This apartment is a lemon. AND I spoke to a few of the people who were leaving, and they said the same thing, you can hear everything, so its not just me. I just want out. Freak em' I call Fox 5 problem solvers and let them listen..lol (ok I wouldnt go that far). We just cant go on this way. Not to mention my 2 year old cannot get any sleep and that's not fair to her either.

jannshari Posted: Oct 25, 2003 10:20 PM

Re: HELP BREAKING APARTMENT LEASE EARLY!!!

Unless and until you've put your grievances in writing, contacted any authoritative agencies, i.e., the Building Department, and followed the instructions of management, you have no rights other than what you are granted in the lease. If you move out before the end of your lease term, you are legally responsible for the remaining months left on the lease. Yes, the landlord has to try to mitigate its damages, however, with 7 other units remaining empty, chances are, your unit will not be relet before the end of your lease. If they are offering you the equivalent of 3 months' rent to be let out of the lease, I would say that they are being reasonable.

And I do suggest that if you have one, you consult your attorney, assuming that he/she knows about landlord-tenant law on Long Island.