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Old 09-25-2014, 02:43 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033

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Quote:
Originally Posted by Paperwork View Post
I had a nice ~3 week excursion but I've ran into the neighbors bass in the middle of the night twice this past week.

This guy even had the audacity to bang on my walls when I was simply cooking some pasta in my kitchen last week.

I simply want to just put my 30 days notice in and move at this point. Do I have a fighting chance in court if they try to come after me for the remaining months on the lease?

No, you don't have a fighting chance moving out scot free. talk to your landlord (and read your lease) about their early termination clause. You can move out early, you'll pay a penalty for doing so.

When you notified your landlord and called the police the other night, what happened? And I seriously doubt he was banging on your wall because you were cooking pasta..now you sound paranoid.
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Old 09-25-2014, 03:10 AM
 
108 posts, read 423,169 times
Reputation: 130
Quote:
Originally Posted by Kim in FL View Post
No, you don't have a fighting chance moving out scot free. talk to your landlord (and read your lease) about their early termination clause. You can move out early, you'll pay a penalty for doing so.

When you notified your landlord and called the police the other night, what happened? And I seriously doubt he was banging on your wall because you were cooking pasta..now you sound paranoid.
1. You sound like a compassion less, bitter landlord, who if still employed as one, needs a vacation and a career change.
2. LOL@ your erroneous presumptions. I was indeed cooking pasta in my kitchen (normal kitchen noise), before I was suddenly interrupted by his loud incessant banging on the walls. This neighbor is a mentally unstable, aggressive individual. I stay away from the shared wall areas 99% of the time im home, specifically because of my neighbor's loud noise levels (bass, tv sound system, etc.). The fact that he would have the audacity to bang on my walls because i'm actually using that side of my apartment for once, is only a good example of what a belligerent, inconsiderate person he is. The walls are thin, and I have no problem hearing my neighbor in his kitchen cleaning up, cooking, etc. it's the sound system with bass that is disturbing.
3. I've made numerous formal written complaints about this particular neighbor's sound system/bass to property management -- and the problems are still persisting, seemingly in perpetuity. I think I have a legal right to quiet enjoyment of the property im leasing, and it's the property management's responsibility to provide that to me, as per the lease agreement.
4. I have documentation supporting this problem since the day I moved in. Copies of written complaints to management, documentation regarding sound disturbances (dates, times, etc.).

To somebody willing to provide helpful advice --and not a lecture/insult/scolding disguised as help-- is there anyway I can break the terms of my lease without penalty, given the unresolved problems I've had?

My rent is due in 7 days, I would like to pay it and provide 30 days notice, and break cleanly from this situation without penalty. There's no buyout clause in the lease-- the tenant is on the hook for the remaining months rent on the lease in total.

Last edited by Paperwork; 09-25-2014 at 03:56 AM..
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Old 09-25-2014, 05:07 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by Paperwork View Post
... is there anyway I can break the terms of my lease without penalty, given the unresolved problems I've had?
No, not unless your LL agrees to work something out with you. The advice you were given by the previous poster (despite the fact that you took offense to it for some reason) was on the mark. Suggest you talk with legal counsel. Just because something annoys you doesn't mean you automatically have a right to break your lease and walk away without penalty.
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Old 09-25-2014, 07:12 AM
 
639 posts, read 1,072,125 times
Reputation: 825
Quote:
Originally Posted by Paperwork View Post
1. You sound like a compassion less, bitter landlord, who if still employed as one, needs a vacation and a career change.
2. LOL@ your erroneous presumptions. I was indeed cooking pasta in my kitchen (normal kitchen noise), before I was suddenly interrupted by his loud incessant banging on the walls. This neighbor is a mentally unstable, aggressive individual. I stay away from the shared wall areas 99% of the time im home, specifically because of my neighbor's loud noise levels (bass, tv sound system, etc.). The fact that he would have the audacity to bang on my walls because i'm actually using that side of my apartment for once, is only a good example of what a belligerent, inconsiderate person he is. The walls are thin, and I have no problem hearing my neighbor in his kitchen cleaning up, cooking, etc. it's the sound system with bass that is disturbing.
3. I've made numerous formal written complaints about this particular neighbor's sound system/bass to property management -- and the problems are still persisting, seemingly in perpetuity. I think I have a legal right to quiet enjoyment of the property im leasing, and it's the property management's responsibility to provide that to me, as per the lease agreement.
4. I have documentation supporting this problem since the day I moved in. Copies of written complaints to management, documentation regarding sound disturbances (dates, times, etc.).

To somebody willing to provide helpful advice --and not a lecture/insult/scolding disguised as help-- is there anyway I can break the terms of my lease without penalty, given the unresolved problems I've had?

My rent is due in 7 days, I would like to pay it and provide 30 days notice, and break cleanly from this situation without penalty. There's no buyout clause in the lease-- the tenant is on the hook for the remaining months rent on the lease in total.
Sometimes the landlord will let you move into a different apartment for free, especially if the rent is the same or higher. This is especially doable if it's a large property management with numerous apartments... they're constantly trying to rent out units and would welcome any chance to have one fewer place to rent out.
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Old 09-25-2014, 07:24 AM
 
16,709 posts, read 19,416,576 times
Reputation: 41487
Quote:
Originally Posted by Paperwork View Post
1. You sound like a compassion less, bitter landlord, who if still employed as one, needs a vacation and a career change.
2. LOL@ your erroneous presumptions. I was indeed cooking pasta in my kitchen (normal kitchen noise), before I was suddenly interrupted by his loud incessant banging on the walls. This neighbor is a mentally unstable, aggressive individual. I stay away from the shared wall areas 99% of the time im home, specifically because of my neighbor's loud noise levels (bass, tv sound system, etc.). The fact that he would have the audacity to bang on my walls because i'm actually using that side of my apartment for once, is only a good example of what a belligerent, inconsiderate person he is. The walls are thin, and I have no problem hearing my neighbor in his kitchen cleaning up, cooking, etc. it's the sound system with bass that is disturbing.
3. I've made numerous formal written complaints about this particular neighbor's sound system/bass to property management -- and the problems are still persisting, seemingly in perpetuity. I think I have a legal right to quiet enjoyment of the property im leasing, and it's the property management's responsibility to provide that to me, as per the lease agreement.
4. I have documentation supporting this problem since the day I moved in. Copies of written complaints to management, documentation regarding sound disturbances (dates, times, etc.).

To somebody willing to provide helpful advice --and not a lecture/insult/scolding disguised as help-- is there anyway I can break the terms of my lease without penalty, given the unresolved problems I've had?

My rent is due in 7 days, I would like to pay it and provide 30 days notice, and break cleanly from this situation without penalty. There's no buyout clause in the lease-- the tenant is on the hook for the remaining months rent on the lease in total.
If you come off in person the way you do here, your LL will probably be glad you're gone, but he's not going to lose money to get rid of you. You will probably have to pay a penalty for leaving him without a renter for however many months are left on your lease.
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Old 09-25-2014, 07:41 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
OP, at the beginning of August you posted this:

Quote:
Originally Posted by Paperwork View Post
* Called local legal aid, and have appointment to speak to lawyer tomorrow regarding my issue.
What happened with that?
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Old 09-25-2014, 10:16 AM
 
108 posts, read 423,169 times
Reputation: 130
Quote:
Originally Posted by STT Resident View Post
OP, at the beginning of August you posted this:



What happened with that?
The person who I spoke with was a paralegal who gave me no better advice than I could find with some google searching, and forum posting.

And the fact that you would question why I would be offended by Kim in FL response to me, is insulting in its own right.

His/Her response showed a complete lack of being familiar with the situation, but was insultingly frank, and had the audacity to call me a liar on top of that.
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Old 09-25-2014, 10:21 AM
 
108 posts, read 423,169 times
Reputation: 130
Quote:
Originally Posted by Genghis View Post
Sometimes the landlord will let you move into a different apartment for free, especially if the rent is the same or higher. This is especially doable if it's a large property management with numerous apartments... they're constantly trying to rent out units and would welcome any chance to have one fewer place to rent out.
Thank you. At this point though, their inability to resolve this situation, with this particular neighbor, has me 100% uninterested in continuing to rent an apartment from this particular management company again. Especially in this particular building, with razor thin walls.

I've lived in apartments since I was born, and I've never been this stressed, disturbed, etc. from an apartment experience in my life.
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Old 09-25-2014, 10:36 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by Paperwork View Post
The person who I spoke with was a paralegal who gave me no better advice than I could find with some google searching, and forum posting.

And the fact that you would question why I would be offended by Kim in FL response to me, is insulting in its own right.

His/Her response showed a complete lack of being familiar with the situation, but was insultingly frank, and had the audacity to call me a liar on top of that.
A paralegal is not a fully fledged attorney. You said you had an appointment with a "lawyer". Nonetheless, what was his/her opinion?

As far as my concurring with the essence of KiminFl's response and your finding this insulting then, and with all due respect, that's ridiculous. Her response to you was nowhere near as you describe it but it now seems that anyone who simply disagrees with you is plain rude and ignorant to boot. Before you get further carried away with your rudeness, you really should consult with an attorney to find the information you need on what your next move should be. Good luck.
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Old 09-25-2014, 11:04 AM
 
108 posts, read 423,169 times
Reputation: 130
Thanks for the help earlier in the thread STT.

Moving on, does anybody else have any input on how I can break my lease given the continuous sound disturbances I've dealt with?

I'm thinking I can put in my 30 days notice on the 1st of the month, and then write a letter along with it, that I'm terminating my lease due to breach of contract or something (quiet enjoyment). And providing information that will let the management company know I'm ready to fight in court if they try to go after me for the remaining months rent on the lease.
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