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Old 02-01-2010, 10:56 AM
 
6 posts, read 24,483 times
Reputation: 13
Unhappy Need to get out of lease - very noisy neighbors = no sleep!

we just moved to chicago in october and need to get out of our lease. we had no idea a family of six would be moving in upstairs and they are up all hours of the night, which keeps us and our one year old daughter from being able to sleep through the night. we hear yelling, stomping, creaky floors [which can't be helped], heavy boot steps, what sounds like wrestling, surround sound so loud we cannot hear our own tv, etc. We have talked to the landlord and the neighbors about the noise issues, but nothing ever changes. i cannot stand that my daughter can't sleep through the night because of the disrespectful upstairs neighbors. we are stressed beyond belief. reading through our lease, i see no clause about being able to terminate the lease early. are we totally stuck???
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Old 02-01-2010, 11:05 AM
 
Location: Chicago
4,300 posts, read 5,909,746 times
Reputation: 2264
I'd sit down with a lawyer. Knowing a few friends with tenants, its very easy to find a loophole for tenants to break a lease.
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Old 02-01-2010, 11:06 AM
 
Location: Chicago, IL
398 posts, read 858,252 times
Reputation: 1208
Not necessarily. Implied in every lease is a covenant of quiet enjoyment which entitles the leaseholder to be free from excessive noise and other such interferences from fellow tenants. I am an attorney, btw, but don't specialize in this area of the law, so I'd suggest contacting your local tenants' rights association for more information.
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Old 02-01-2010, 11:32 AM
 
Location: IL
2,148 posts, read 2,005,632 times
Reputation: 1648
I lived in an apartment a while back and my upstairs neighbor enojyed extremely loud and aggressive sex at ~2am, frequently (shaking walls and really loud moaning...waking us up). I complained to the office in letter every time, nicely, and not really blaming the woman upstairs. After about 2 months I stopped by the office in person and asked if I could break my lease and they agreed, since they couldn't seem to control my upstairs neighbors early morning escapades. Just an option you could try.
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Old 02-01-2010, 11:40 AM
 
Location: Chicago
15,589 posts, read 12,656,142 times
Reputation: 1761
Quote:
Originally Posted by almost3am View Post
I lived in an apartment a while back and my upstairs neighbor enojyed extremely loud and aggressive sex at ~2am, frequently (shaking walls and really loud moaning...waking us up). I complained to the office in letter every time, nicely, and not really blaming the woman upstairs. After about 2 months I stopped by the office in person and asked if I could break my lease and they agreed, since they couldn't seem to control my upstairs neighbors early morning escapades. Just an option you could try.
This must have been one of the women I have known well in the past.
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Old 02-01-2010, 01:41 PM
 
6 posts, read 24,483 times
Reputation: 13
thanks you for all of the suggestions. we are going to look into having a lawyer look over our lease to try to terminate it legally. we have already expressed our desire to move to our landlord who replied, "well, you signed a lease so that's not going to happen". we have also asked him if we could find new tenants for him. we really don't want to leave him in the lurch, but we can't take not being able to sleep and to have our daughter not sleeping as well. any further suggestions or help in this matter will be appreciated.
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Old 02-01-2010, 01:57 PM
 
Location: Wicker Park/East Village area
1,918 posts, read 1,682,608 times
Reputation: 1228
What about subletting it?
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Old 02-01-2010, 02:59 PM
 
6 posts, read 24,483 times
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Quote:
Originally Posted by jwaiter View Post
What about subletting it?
yes, we have asked the landlord if we could find subletters or someone he approves of to sign a new lease. waiting to see what he says, but from his initial reaction to our conversation i think he is going to make things as difficult as possible.
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Old 02-01-2010, 04:02 PM
 
Location: Chicago, IL
398 posts, read 858,252 times
Reputation: 1208
Does the lease contain a clause on transferring the lease? If so, does it stipulate that the landlord must give approval to any assignment or sublease?
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Old 02-01-2010, 04:27 PM
 
Location: The Miami Of Canada
1,044 posts, read 2,549,630 times
Reputation: 275
Quote:
Originally Posted by i_am_hydrogen View Post
Does the lease contain a clause on transferring the lease? If so, does it stipulate that the landlord must give approval to any assignment or sublease?
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.
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