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April 24, 2009
Breaking Lease 2 Months Early
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.
Comments
I mean, you might have a decent case if you took this to housing court, especially since your lease mentions your right to quite. But then, how are you going to document the fact that it's so noisy? And why have you stayed for almost 2 years if this is such a problem? And furthermore, is the hassle and cost of housing court really worth it just to move out two months early?
Posted by: alsawo at April 23, 2009 4:15 PM
About 311 records - unless you write down the "case number" or whatever it is that they give you on the phone, you're stuck. I've made several sanitation complaint calls to 311 and wanted to include them when contesting a ticket, but didn't write the numbers down...311 and Sanitation said they couldn't look up the numbers of the calls after the fact.
Posted by: mscrochety at April 23, 2009 4:24 PM
I must preface this by saying that this is not legal advice and you should consult an attorney. Do not rely on my advioce -- just something to think about.
That said, I am not sure the legal meaning of "quiet enjoyment" means quiet. I think it has to do with being able to occupy the apartment free and clear of anyone else's claim to it or occupation of the space. I could be wrong, but that's my understanding. Nonetheless, there are other legal concepts in the LL realm, whether in the lease or implied, on which you may be able to stand. Habitability, perhaps? Depending on how much $$ is at stake, this may be worth a consult with an L-T lawyer.
Nonetheless, how much of a contemporaneous record did you make of the noise incidents and dealings with LL? I would start documenting now, if you haven't. When it is noisy, make a video (with sound), show the day's newspaper with the date, show a clock, and record the noise. Start writing LL now demanding he take direct action against the noise.
As a practical matter, are you willing to forfeit security deposit? If you stop paying and move out, LL will likely keep your security and dare you to come after it. Depending on the size of the security and the amount you pay in rent, it may not be worth the legal fees. Do the math for yourself on the various outcomes and see what you can tolerate.
There are many ways to look at this, so sit tight as others chime in.
Posted by: slopefarm at April 23, 2009 4:31 PM
I honestly & naively, I thought the situation would get better, but it has gotten worse. I also resigned the lease because I am to attend graduate school in the Fall, and at the time I did not know what state & city I'd be in. So, rather than moving 2 times in one year, I stayed.....
In terms of the 2 months early--- I mean, I randomly found this apartment in my price range & in an area that I thought I could never afford- however, this new apt. doesn't outweigh the fact that there is an underlying problem. And, frankly, the months of May, June, and July scare me. It's the height of noise season....and I don't think I can take much more of this.
Posted by: lala at April 23, 2009 4:34 PM
I honestly & naively, I thought the situation would get better, but it has gotten worse. I also resigned the lease because I am to attend graduate school in the Fall, and at the time I did not know what state & city I'd be in. So, rather than moving 2 times in one year, I stayed.....
In terms of the 2 months early--- I mean, I randomly found this apartment in my price range & in an area that I thought I could never afford- however, this new apt. doesn't outweigh the fact that there is an underlying problem. And, frankly, the months of May, June, and July scare me. It's the height of noise season....and I don't think I can take much more of this.
Posted by: lala at April 23, 2009 4:34 PM
Ouch. Suggest document the call dates as best you can - your phone bill would help. And tell landlord you're leaving as a direct consequence of continued noise - and use your deposit as last month's rent.
You're absolutely right. It's his responsibility to provide safe and quiet environment.
He can of course come after you for the 2 months left on lease, but would be foolish to do so since there's clearly a real problem he's ultimately responsible for. And has admitted as much by saying the fuzz is watching. Whether true or not.
Although in fairness, not entirely his negligence that's causing problem. Good luck!
Posted by: Johnny at April 23, 2009 4:36 PM
Your case is legally weak (alcove vs. sidewalk), 'quiet enjoyment' is what slopefarm says, it just means the LL agrees to leave you alone. I don't understand how your LL raised the rent in the middle of the lease.
OTOH your LL will probably not be inclined to give you a good rec anyway, since she already sees you as a troublemaker. I'd take the other place, pay the rent up until the last month, and tell her to keep the security deposit as the last month's rent. She'll scream about it but if she goes to court she won;t get any money unless you have trashed the apt.
Also, get yourself a Flip vidcam and document the goings-on. If you want to measure the sound you need a Sound Pressure Level meter (SPL). Your friendly Radio Shack has them for fifty bucks.
http://www.radioshack.com/product/index.jsp?productId=2103667
Posted by: denton at April 23, 2009 4:46 PM
Look, any way you look at it, if you break the lease early, you will lose the security deposit, so consider that gone.
I would let the landlord know when I was moving out, and would just stop paying rent. Ultimately, if their only claim is the loss of 2 months rent and one of those is covered by the security deposit, all they will be able to claim if they sue you in housing court is the last month's rent and they are not likely to pursue a claim in housing court for such a small amount of money.
Posted by: CuriousGeorge at April 23, 2009 5:08 PM
The Citywide Task Force on Housing Court operates information tables staffed by volunteer advocates at Housing Court in each of the five boroughs. You can read more at: http://www.cwtfhc.org/index.html and/or call: 212-962-4795.
The NYS Attorney General's Tenant's Rights Guide is available at: http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf
Posted by: vinca at April 23, 2009 5:35 PM
Record the noise and get witnesses. Send them your 30-day notice and tell them to use your security as last month's rent. (If they have last month's rent as well as security, they will keep it.) Give them your forwarding address. Check the court system regularly to make sure there is no hearing scheduled.
Posted by: mopar at April 23, 2009 5:56 PM
you can find a list of complaints made (in regards to your building's address) at the housing department website.
Posted by: jgabrils at April 23, 2009 6:10 PM
If it's only 1-2 months early you want to leave, then why not post an ad on CL looking for a temp sublettor. If you can afford to offer it at a cheaper price than your current rent, you might get lucky. (Some people can sleep thru anything, some people work nights, etc) And I would think by the time the LL could do anything about that, you will be legally outta there (minus your sec dep). As an immediate solution, could you sleep in a different room? is the LR away from the alcove? Also, get a white noise machine, or two. they do help.
Posted by: bowl of dicks at April 23, 2009 8:19 PM
This building wouldn't be in the South Slope by any chance? What street? Noise complaints like this need to be very well documented. You need to keep a diary or log of every conversation that took place between you and your landlord as well as proof of the conditions creating the noise issue. Video camera is the way to go. You can use an image from your cell phone with time and date indicated. I say this only if you plan to end up in court other wise it doesn't pay to obsess over it for your sanity's sake.
Posted by: IMBY at April 23, 2009 8:51 PM
realize if you break your lease it might be hard to rent in the future.
Posted by: Putnamdenizen at April 23, 2009 11:19 PM
If you break your lease, you're out one months rent (your security deposit). If you move, but continue to pay for two months, you get your security deposit back, meaning you're still out one month's rent. Am I missing something here?
Posted by: Bob Marvin at April 24, 2009 10:17 AM
Its only 2 months more. Why give yourself and everyone all of the hassle. Do you really want to deal with lawyers over this ? There goes another 1,000 USD....You will surely find another apt in 2 months time. Also correctly noted by Puntnamdenizen that you may really have a hard time renting if you break your lease. I know from experience (tenant side).
Posted by: crownheights2007 at April 24, 2009 10:22 AM
Bowl of dicks is right. (I always wanted to type that)
Just sublet to the end of your lease, and move to your new place.
Posted by: Maly at April 24, 2009 10:26 AM
Actually Bob_Marvin,
it's quite illegal (and explicitly stated) that Security deposits can not be taken in lieu of back rent, although by leaving early you do make it potentially much more difficult to recoup that money because your landlord probably won't be too keen on giving you what you are owed.
If you can find a replacement and have them lined up it makes the transition smoother for everyone and gives your landlord no reason to say no.
Posted by: zachgee at April 24, 2009 10:26 AM
Sidewalk noise blows. I had this problem in my old apartment. There was no way to get rid of the source, new people screaming outside at all hours every night. Someone suggested sleeping in a different room, where the windows aren't facing the source of the noise. I second that. And if you can, get one of those over the door hooks, and hang tons of clothes on either side of the door. Seriously, that helped me out a lot. Also, make sure your windows are completely shut and sealed. If there are any gaps, fill them with tape, foam, anything. These two things could help a LOT. Also, if you want to be more aggressive, maybe do something harmless but that deters them from hanging out there. Maybe a couple of nearby hidden stinky rotten eggs? You'll have to deal with it entering and exiting the building, but it may be worth a few seconds of holding your breath.
Posted by: CG_ups at April 24, 2009 10:35 AM
I know how you feel. I went through this in a former apartment. There it was a schoolyard and people would jump the fence and hang out at all hours under my window. In that case, though, they didn't have a right to be there so occasionally the cops would show up and tell them to move along but then they would just come back and/or cut holes in the fence. But anyway, if I were you (and I'm not) and it was a matter of two months I personally would just try to wait it out and then move. Those noise machines really do help. If you have an air conditioner, close the windows and run the fan for even more white noise. Or sleep in another room? I know it is more about the aggravation than anything else.
Posted by: Carol Gardens at April 24, 2009 10:35 AM
I would sublet the space and move. Or just move and get sued for the back rent.
As for the security, there's such a thing as "living it out" perfectly legal but you have to actually be in the space to do such.
Posted by: grip100692 at April 24, 2009 10:35 AM
Where do you live?
Posted by: grip100692 at April 24, 2009 10:38 AM
i bet before looking at the apartment you didn't go and take a look when it's warm out and when it's dark out. you HAVE to do that when you rent before you move in. some people dont like being indoors when it's hot and dark out so they socialize outside near their building. it's just part of living in nyc.
*rob*
Posted by: PitbullNYC at April 24, 2009 10:38 AM
Where is the apt. located? Make it known that the space sucks for future renters.
Posted by: grip100692 at April 24, 2009 10:40 AM
So Rob, are you just screwed if you rent in the winter?
Personally my own mistake was not realizing why the previous renter of my apartment had such a fancy air purifier. I guessed that he was an asthmatic - turns out he was trying to eliminate the smell of cigarette smoke from the neighbor below.
Posted by: carafe at April 24, 2009 12:16 PM
Sounds like your landlords may not be too cooperative, but that doesn't mean you can't try to be.
I'm moving this weekend a month and a half before my lease is up because I'm buying. I worked it out with the landlord that if I marketed the apartment and rented it I not only wouldn't owe the extra rent, but would get my deposit back. Ten minutes of my time posting on Craigslist and about half an hour combined showing the place I have new tenants in place and have already planned on how to spend my returned deposit on decorating my new place.
Posted by: Flatbushrising at April 24, 2009 12:45 PM
zachgee,
I was suggesting that the OP pay the two months rent and (as a consequence) have their security deposit returned. Hardly illegal (and surely not "explicitly stated" anywhere. Perhaps you need some reading comprehension lessons.
Posted by: Bob Marvin at April 24, 2009 1:15 PM
Honestly, I would notify the landlord that their inaction constitutes a nuisance and state you will be vacating the apt.
You can yield the deposit as payment for back rent but dont pay them more money.
Posted by: slick at April 24, 2009 5:02 PM
After re-reading my 4/24 comment, I'd like to remove the last sentence. Anyone can mis-read a post like "zachgee" did and the "curmudgeon" in my profile doesn't necessarily mean "nasty old man".
Posted by: Bob Marvin at April 27, 2009 9:11 AM
It can't hurt to ask.. If you give notice now u would be giving more than 30 days so I think that is adequate especially given ur lease is coming due and u would have moved shortly after june anyway.. june is a good time to try and rent an apartment ..it woulld be different if u were trying to get out of ur lease in the winter... I am a landlord (however I am probably more understanding than some others) I wouldn't see this especially since ur lease is up soon anyway. Good luck!
Posted by: scarter at April 27, 2009 9:36 AM
It's not worth the court case or record, which regardless of the reason, comes up as a red flag when you try to re-rent, just buy the earplugs.
Posted by: Crownlfc at May 21, 2009 9:07 PM
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