Forum Archive

I am writing to seek advice about my attempt to break a lease 2 months early. I have lived in the current apartment for nearly 2 years, I have never been late on one rent check, and have been generally a good tenant.

About the situation: ever since I moved into the current apartment there have been SEVERE noise issues. It is a larger apt. building and there are a group of individuals (ranging in all ages- teen to adult) that congregate in an alcove by the entrance to the building. I stress this because it is the alcove, the property of the apartment, not the sidewalk which is public jurisdiction, in which this individuals are loitering in. The individuals are all, or a majority, are tenants of the building.

Nevertheless, having a bedroom that is facing the alcove, the noise bounces around like you wouldn’t believe (or can believe if you live in a set-up like this). The group of people are outside not just during weekends, but also during weekdays. I would not have a problem if it was- say, 1 AM on a weekend, but it has gotten so bad that it is 5:45 AM, or 6 AM- weekend OR weeknight. My sleep and ability to be alert at work has been DIRECTLY effected by this noise. Unfortunately, this problem is only exacerbated in the warmer months (an effect I have already noticed this Spring), but, needless to say, the winter months were even a problem. I have called 311, called the police, but to no avail. I have heard other tenants go outside and say, “Can you keep it down?” and those making the noise get snarky and angry, making for an uncomfortable situation. I honestly don’t want to put myself in that position where I am being threatened as a result of kindly asking someone to keep the noise down.

Issue with the landlord: Our lease clearly states we have the ‘right to quiet enjoyment.’ We have complained to our landlord repeatedly in the past and they have said they would address the problem (unfortunately only have a one or two emails documenting this- the rest were phonecalls). The landlord has even gone so far to say that, “between the he/she and me, the building is under police surveillance.” There is absolutely NO way this is and I know she flat out lied to have me shut up. Since then, the police have been to the apartment, but only when there were bottles being broken and one person was screaming at the top of their lungs that they were going to kill the other. I am extremely frustrated with the whole situation and feel helpless. My landlord is saying that if I break my lease 2 months early (might even be only 1.5 mo) that I would be responsible for the rent & I would lose my deposit. I simply can’t afford this. The whole situation feels unjust to me, especially when I have given the landlord more than 60 days notice of my intent to not renew my lease. To add insult to injury, my landlord raised my rent recently. With the economic downturn, I know she is now renting my same sized apt. for $100 cheaper (less than what I originally paid). I understand he/she doesn’t want to get screwed, but really, aren’t I getting screwed? The rent is really not the issue, it’s the fact I pay rent and I come home to feel like I live in a Circus.

I have found an apartment that is perfect, quiet, cheap, but I’d have to move in June (1.5-2 months before lease is up). Has anyone else had an experience like this and can offer me advice? I am at the point where I feel like I should try to record the noise, but don’t have a means. Is there a way of getting a record of how many times people have called 311/police for a certain address?

Sincerely,
I need more than ear plugs.