Advice on breaking an apartment contract (Tampa, Orlando: real estate, 2015, apartment complex) - Florida (FL) - City-Data Forum

crumik · 10-10-2015, 05:00 PM

Hi,

I'm living in Orlando with my wife since 1 September. After looking at few different apartment complexes (Fountains at Lee Vista, Camden Lee Vista, GrandeVille at Jubille Park) we went with the last one - 1300$ for 2bdr apartment, 12 month contract.

Apartments are very nice (built 2015), staff is nice, neighbours are OK. But one thing: the airplanes. We cannot stand the noise from the airplanes - you hear them being inside the house, they wake you up in the morning, sitting on the patio is basically impossible because of the noise. Sometimes there are like 4 or 5 planes in the 10min period.

During the apartment showing I've asked the agent: 'do you hear the airplanes'? He responded: 'You hear them outside, we don't hear them inside'. After some time it seems he intentionally lied to me.

My question: is there any way I could break the contract without serious consequences? When I asked in the office, it turned out they want 60 days notice PLUS additonal two full months of rent. I don't intend to pay them 2600$ because they lied to me answering a simple question.

I'm a really normal person and I don't create problems when they are not real, but this really drives us crazy - and having a work that required being 100% sharp (IT / databases) doesn't help as well.

Thanks in advance for your help.

KPB · 10-10-2015, 05:55 PM

Quote:

Originally Posted by crumik

Hi,

I'm living in Orlando with my wife since 1 September. After looking at few different apartment complexes (Fountains at Lee Vista, Camden Lee Vista, GrandeVille at Jubille Park) we went with the last one - 1300$ for 2bdr apartment, 12 month contract.

Apartments are very nice (built 2015), staff is nice, neighbours are OK. But one thing: the airplanes. We cannot stand the noise from the airplanes - you hear them being inside the house, they wake you up in the morning, sitting on the patio is basically impossible because of the noise. Sometimes there are like 4 or 5 planes in the 10min period.

During the apartment showing I've asked the agent: 'do you hear the airplanes'? He responded: 'You hear them outside, we don't hear them inside'. After some time it seems he intentionally lied to me.

My question: is there any way I could break the contract without serious consequences? When I asked in the office, it turned out they want 60 days notice PLUS additonal two full months of rent. I don't intend to pay them 2600$ because they lied to me answering a simple question.

I'm a really normal person and I don't create problems when they are not real, but this really drives us crazy - and having a work that required being 100% sharp (IT / databases) doesn't help as well.

Thanks in advance for your help.

I'm no attorney but seems like you might be able to get out of it due to the noise.

Did they show you a model? And does it look comparable to your apt.?

Go to Home Depot and buy a mold test kit for a few dollars, a lot of homes in FL have mold and people don't even know it.

In other words can you find something dangerous w/ your apt like a loose handrail,mold, broken security gate.

froglipz · 10-10-2015, 06:24 PM

It would probably cost more than $2600 in attorney fees, more than your contract fight is worth. Live with it or pay the contract termination fees, it is the cheapest solution. If you want to fight it on principal, be prepared to pay. Wish I could tell you better news.

WellShoneMoon · 10-10-2015, 07:10 PM

I just looked at the map -- your apartment complex is practically within walking distance of MCO. I can't believe you didn't hear the airplanes when you were looking at the apartment, but even so, being so close to the airport you must have known that airplane noise was a possibility.

I don't think you'll get anywhere claiming that the agent lied to you. I think you have to be prepared to pay the termination fee.

tinytrump · 10-10-2015, 09:05 PM

I work walking distance from there -bet it's the poorly made apts- wood? - I never hear them at work- however we are in a cement bld. - Ask if anyone else hears them in the complex. There are so many apts. near there, seems others have gotten get used to the noise.
I lived in Coral Gables and the fuel dust be on my windowsill 24-7 -but I did get used to the noise in a couple of months.
They do have sister complex- but then you have a drive to contend with... They are expanding at the airport and contracted a few more airlines... so see what options will work for you--

MrKnight · 10-11-2015, 07:37 AM

Unfortunately there is not much you can do in this situation, the contract is signed and there is no legally valid reason to cancel it. What I don't understand is, how did you not realize the apartment's proximity to one of the busiest airports in the Southeast US? You cant really blame the salesperson, its his/her job to sell, he is not going to say "don't live here because its too noisy"..

As a temporary solution, I would recommend perhaps setting up a fan in your bedroom that may help you sleep at night and muffle the sound, and perhaps even ear plugs. Once your lease term is up (a year will go by faster thank you think) you can look for a new place to live, there are a lot of great apartment communities in the Orlando area.

tinytrump · 10-11-2015, 08:43 AM

I think the planes get pretty loud at night- the 2 month op out thing is all I can suggest- I had to move for a promo to here from Tampa -- and I think in FL that is stat for leases---I was able to pay in parts -- I know it is a big expense, but I do not have any other suggestions.

crumik · 10-11-2015, 12:09 PM

Thanks for all the replies. It seems you're right, just living with the noise and trying to get used is the wise thing to do - I've just started working here, so spending 2600$ won't make me happy

I'm already wearing earplugs of course, without them it would be impossible to sleep for me.

About the airport proximity - you're right, that was a little bit stupid of me. The thing is, I'm from Europe (Poland exactly) - have never been living close to the airport, I was expecting that I will hear 'something', just didn't expect the noise to be so loud. It seems that apartments in Florida are build quite cheaply + thin windows, maybe this is the cause.

And another thing - as tinytrump has written - I'm really surprised with the amount of flights that is going on through this airport. Really, sometimes you can hear 7 or 8 planes while watching one Family Guy episode, crazy.

Still, looking at another apartments reviews, this is better than having roaches or flees, I guess

blueherons · 10-11-2015, 12:26 PM

No, you cannot get out of your contract. They have you for $15,600.

See if they have either another apartment building outside that one you could transfer to OR another unit in your complex.

GregTraub · 10-13-2015, 11:55 AM

Quote:

Originally Posted by blueherons

No, you cannot get out of your contract. They have you for $15,600.

See if they have either another apartment building outside that one you could transfer to OR another unit in your complex.

That's your best advice right there! Unfortunately airplane noise isn't likely to be a legally defensible excuse to break a lease...and even if it is, as others have said, your attorneys fees to find out are going to be more than the 2 months rent.

If you were looking to purchase a home though, some real estate agents offer lease break programs that could take care of much or all of those lease break fees.