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I moved into this condo in the beginning of this year, so this month will be 2 months.
I am not happy here. i rent from an owner. I have a year lease, so ten months left lol
I really want out, the noise is bad. Constant footfall noise, kids running, etc. Knocked a picture off my wall last week due to the thudding noises.
Do you think I would be able to break my lease and get the security back?
Being that the landlord has been made aware of noise issue and pushed it back on to me, saying I should talk to the people upstairs. But bottom line is they are owners, and I am a renter, so I am not comfortable doing that. Besides, I don't think there is anything they can do about the noise, since it's seems to be a structural issue (poorly built townhouses).
I was in the same situation but a co-op. I had to ride my lease out, it sucked and the owner didn't give a D*amn about me. He just wanted his money. Try talking to the owner to see though maybe they are nicer than mine.
I talked to my owner, upstairs neighbor, the co-op board and management but know one did antyhing about it as I was just a "renter". And when I would try to find out the quiet hours no one would ever answer me. Well about a week before moving I found out the hours and that infact the upstairs neighbor broke the building quiet hours everyday as everyone knew but still did nothing about it. I won't ever rent in a co-op/condo again. You pay all that money for rent and arent treated as everyone else cause you "only" rent. Good luck, let us know how it goes.
I was in the same situation but a co-op. I had to ride my lease out, it sucked and the owner didn't give a D*amn about me. He just wanted his money. Try talking to the owner to see though maybe they are nicer than mine.
I talked to my owner, upstairs neighbor, the co-op board and management but know one did antyhing about it as I was just a "renter". And when I would try to find out the quiet hours no one would ever answer me. Well about a week before moving I found out the hours and that infact the upstairs neighbor broke the building quiet hours everyday as everyone knew but still did nothing about it. I won't ever rent in a co-op/condo again. You pay all that money for rent and arent treated as everyone else cause you "only" rent. Good luck, let us know how it goes.
Wow what a shame that is! It's not fair!
I spoke to the landlord last night, she is actually renting another condo in this development that her brother moved out of. She offered to let me moved in there. She said it should be quieter since the people upstairs are two older men and their elderly mom-no kids or grandkids.
I went to see it last night and it is nice and does seem quieter but who knows for sure? It would be cheaper than moving somewhere new though because I would only have to move my stuff over there and that's it, no money out of my pocket...
it may or may not be... I have heard some folks say that an elderly neighbor could be a mixed blessing... ie... not running around, but may they may have hearing issues (loud TV). Of course, you wont know until you move in. Then again, any apartment you find on your own, you may not have the luxury of knowing in advance who is living above/below/beside you...
I spoke to the landlord last night, she is actually renting another condo in this development that her brother moved out of. She offered to let me moved in there. She said it should be quieter since the people upstairs are two older men and their elderly mom-no kids or grandkids.
I went to see it last night and it is nice and does seem quieter but who knows for sure? It would be cheaper than moving somewhere new though because I would only have to move my stuff over there and that's it, no money out of my pocket...
Well thats nice he had an option for you.
Question though, how big off an apartment is it? Seems like you live alone so I would guess originally a studio or 1 bedroom but the fact that you have numerous people above you makes me think its larger now. Point of the question is if its 3 people in a 2 bedroom or larger may be okay but if its smaller no way.
the condo I live in is a large one bedroom, around 700 sq ft...and the new one would be the same size. the people upstairs are in a three floor townhouse...
...I won't ever rent in a co-op/condo again. You pay all that money for rent and arent treated as everyone else cause you "only" rent. Good luck, let us know how it goes.
If I were to rent again, I w/b far more diligent in choosing.
My experience mirrors 'livinglesingle', noy only do you pay top dollar, but you also have to jump thru the coop boards hoops to be accepted as a tenant, as if you were buying. They look thru your finances and interview you.
In my case, the noise issue was with the President of the Coop! A loosing battle....
Before the noise issue, 'renters' were always treated like second class citizens, there was a failure to recognized that renters were PAYING for a level of service and quality.
***
Anyway, OP, you need to document the circumstance, with written advice and requests to the LL, and, importantly written response from the LL, disregarding the problem.
For, example, it is NOT your responsibility to *deal* with the people causing the issue. It is the LL's responsibility. The issue itself, and the LL's refusal to adress the issue in any way, is cause and a breach of the Warranty of Habitability.
You should also document the noise incidents with a diary, sound tapings, AND calls to the police!! The police report is quite import to confirm and document the noise incident. In other words, having the police *hear* and cite the fact of the noise incident in their report, is the nail in the coffin!
You could then sue based on the fact that the LL has refused to provide you with "Quiet Enjoyment" (which is his obligation), and consequently, you may be entitled to the return of all or *some* of the rent paid thereto.
In court, you could then negotiate, from a position of leverage, your departure. Likely thought, that just serving the LL with the court papers and/or advising of your intent w/b enough to negotiate a settlement. Again, get it in writing, especially a *Release* from your lease obligation.
I broke my last lease because of excessive noise (and other issues) with my upstairs neighbors. My landlord was cool about it, but he was a pretty laid back guy in general; I'm not sure every landlord would be so easy going about this.
Does that quiet enjoyment stuff really work in court coltrane?
I think OP is really lucky the LL is being so accomodative. Take the new place and count yourself lucky you aren't being ignored because many reasonable landlords would ignore.
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