Need to get out of lease - very noisy neighbors = no sleep! (Chicago: sale, apartments)

[sshirley]

Originally Posted by ITChick

Also, there may be an extra fee involved for Subletting. I agree to check with your local Tenant's Rights Agency (I know there's one in Chicago). They can send you a booklet with instructions on how to document the issue, send the documentation to your Landlord and exactly what your rights are.

I had neighbors in one place I lived in that came home drunk every night at 2:00 A.M. and would yell/fight with each other at that exact same time and it sounded like they were right outside my door! I stayed to the end of my lease (one year) and didn't renew, but I realize now I would've been better off having broken it at the time.

thanks for both of your comments. all it says in the lease is that any subletting must first be approved by the landlord. fingers crossed!! i want to get out of here - the family of six is turning into seven next month and i am already dreading hearing that newborn screaming all night!

[i_am_hydrogen]

Originally Posted by sshirley

thanks for both of your comments. all it says in the lease is that any subletting must first be approved by the landlord. fingers crossed!! i want to get out of here - the family of six is turning into seven next month and i am already dreading hearing that newborn screaming all night!

Since you would be transferring the remainder of the lease and not a portion thereof, this would constitute an assignment rather than a sublease. The landlord cannot withhold approval for an assignment simply because he harbors a grudge against you. He has to be fair and base his judgment on factors such as creditworthiness. Bear in mind that, absent a release from your landlord, you will still be liable for rent payments if the successor tenant (i.e., assignee) fails to make them. It's doubtful your landlord would release you because it would give him one less option to obtain payment under the lease.

[MassVt]

Perhaps your landlord could be persuaded to put a "For Rent" ad in the local papers/Craig's list to gauge interest, so you might have an "out" from your lease. No easy solution here ( other than a reliable new tenant), but best of luck.

If noise continues to be an issue for you in the future, ALWAYS take the top floor, and reject anything that isn't; I learned a similar lesson many years ago..

[Artsywoman]

Doesn't your lease say you are supposed to have "Quiet Enjoyment" of your rental? Why the heck doesn't your landlord do anything about these tenants?? I would call Landlord Tenant regarding this issue.

[emathias]

Originally Posted by MassVt

Perhaps your landlord could be persuaded to put a "For Rent" ad in the local papers/Craig's list to gauge interest, so you might have an "out" from your lease. No easy solution here ( other than a reliable new tenant), but best of luck.

If noise continues to be an issue for you in the future, ALWAYS take the top floor, and reject anything that isn't; I learned a similar lesson many years ago..

If you're in the city proper, and break or want to break your lease, your landlord is legally obligated to make a good-faith effort to find a replacement tenant to help limit your loss. Of course many don't want to, but it is the law. The tenant rights groups can advise you on exactly how to use that particular lever to get out of the lease without too much (maybe zero) financial risk.

[DogStar5988]

Personally I would write a kindly worded note and put it on your neighbors door. I worry all the time that I am being too loud for my downstairs neighbors and would rather they let me know of any noise issues rather then them going to the landlord, but that may just be me...

[sshirley]

Originally Posted by DogStar5988

Personally I would write a kindly worded note and put it on your neighbors door. I worry all the time that I am being too loud for my downstairs neighbors and would rather they let me know of any noise issues rather then them going to the landlord, but that may just be me...

We have spoken [nicely] to the neighbors several times. Each time they apologize and have some excuse and then they close the door and the noise starts up again and we can hear them screaming and yelling and cursing in front of their children and stomping around, etc. They are just ghetto. We just want to move. :-)

[Artsywoman]

Originally Posted by sshirley

We have spoken [nicely] to the neighbors several times. Each time they apologize and have some excuse and then they close the door and the noise starts up again and we can hear them screaming and yelling and cursing in front of their children and stomping around, etc. They are just ghetto. We just want to move. :-)

I totally agree. Nice does not work with rude and disrespectful people. Afterall, how can you be nice to people that disrespect your living space? Definitely go to the landlord after talking with the neighbors once if they do it again. They are just playing you after that.

[sshirley]

The landlord doesn't seem to care either. Apparently his wife is friends with the woman upstairs. We are sending the lease to a lawyer to see if there is some way we can get out. Would much rather just talk it out with the landlord and have him release us, but we are too stressed out and tired to keep dealing with him at this point.

[jwaiter]

http://www.tenant.org/default.asp (broken link)

Chicago Illinois Tenant Rights Frequently Asked Questions (http://www.tenant.org/faq.htm - broken link)