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Old 02-17-2020, 12:52 PM
 
3 posts, read 4,120 times
Reputation: 10

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I'm new! This is my first post, and I'm hoping to get some help.

We live in an incredibly noisy apartment. We can hear everything our neighbors do next door, behind us, and below us. I really want to break my early because it is causing me mental and emotional distress to continue living there (I have literally gone to therapy over it). The neighbors are bullies and purposefully make noise to antagonize us (and our dog) because they think it's funny. The property management says there's really nothing they can do about it, that it's just "apartment living".

My question is, can a landlord get out of the implied covenant of quiet enjoyment if they state this in their lease:

Quote:
To the extent not prohibited by law, we disclaim all implied warranties or covenants, including but not limited to warranties or covenants of quiet enjoyment.
I'm really hoping I'm not SOL because of this one phrase in the lease. I feel like that is not fair to the tenants to just say they "disclaim" it if the neighbor's noise is causing extreme mental and emotional distress to live there. I feel like it could qualify as harassment and I do have video footage to prove my case.

Thanks for the advice!
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Old 02-17-2020, 01:00 PM
 
Location: NC
9,339 posts, read 13,912,847 times
Reputation: 20836
Holy smokes. What a scary statement to put in a lease. Red flag warning for sure. As to your question, I don’t know. But sure feel bad for you.
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Old 02-17-2020, 01:11 PM
 
Location: Brentwood, Tennessee
49,932 posts, read 59,545,464 times
Reputation: 98359
It sounds like your landlord knows there is a noise issue and is making an attempt to circumvent what apparently is a state law there that codifies "implied warranties."

I would bet that the main thing this statement means to you is that your landlord isn't going to easily and willingly let you out of your lease. What you can do about it depends on how much money and time you have for a real estate attorney to challenge to wording of this disclaimer.

When does your lease end?
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Old 02-17-2020, 03:28 PM
 
Location: West Virginia
13,908 posts, read 39,079,600 times
Reputation: 10234
Betting that Clause is Not Legal... Contact a Tenants Rights person in your area.

As one person said When is your lease up? In most leases there are ways to break a lease [adv seems to be pay 2 months rent After you move.]

Depending on your City Quiet Time laws & when the neighbors are being noisy Call the Cops!

When you are upset your dog will be upset.... Don't Coddle or reassure the dog! I Will back fire he Learn its ok. Ignore him Distract him with Play. The neighbor could be animal haters...sounds like it. Trying to get you evicted by causing him to bark. They will then call the police on You! Bad reports can cause you to Not be able to move as LL think of it as Untrained Dog problem... Turn it around they make noise You give play time & Treats... Then he be Happy to let them be noisy
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Old 02-17-2020, 03:36 PM
 
3 posts, read 4,120 times
Reputation: 10
Quote:
Originally Posted by BirdieBelle View Post
When does your lease end?
Our lease is up at the beginning of August, but we're already looking for other rentals. Leaving our lease early would be $2,700 buy out or finding a suitable tenant to replace us (a $50 lease transfer fee).

Obviously the second option would be preferable but I guess there are a lot of people out there with not so great credit...

Quote:
Originally Posted by Katie1 View Post
Betting that Clause is Not Legal... Contact a Tenants Rights person in your area.

As one person said When is your lease up? In most leases there are ways to break a lease [adv seems to be pay 2 months rent After you move.]

Depending on your City Quiet Time laws & when the neighbors are being noisy Call the Cops!

When you are upset your dog will be upset.... Don't Coddle or reassure the dog! I Will back fire he Learn its ok. Ignore him Distract him with Play. The neighbor could be animal haters...sounds like it. Trying to get you evicted by causing him to bark. They will then call the police on You! Bad reports can cause you to Not be able to move as LL think of it as Untrained Dog problem... Turn it around they make noise You give play time & Treats... Then he be Happy to let them be noisy
That's worth a shot! Our puppy is 8 months old, so we're still trying to train her. She's a mini Schnauzer which I guess are a barky breed. I get stressed out by the noises so I guess she picks up on it. I'm working in therapy with my PTSD, which is triggered by people yelling and slamming things in another room (aka the reason why I can't really enjoy our apartment when I'm home).

My mother-in-law has a friend who is a real estate attorney. I reached out to him to see what he thinks. Hopefully this is something I can fight...
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Old 02-17-2020, 03:42 PM
 
3 posts, read 4,120 times
Reputation: 10
Also, if it helps, I'm in the state of Colorado.

I found this post talking about how a landlord can "disclaim" implied warranties to protect themselves, but it was written back in 2008... I hope the law has changed since then!

[url]https://www.thslawfirm.com/wp-content/uploads/2015/10/c9bcb4f5f6.pdf[/url]
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Old 02-17-2020, 04:37 PM
 
Location: West Virginia
13,908 posts, read 39,079,600 times
Reputation: 10234
I am Thinking in this case you NEED to call the Cops When they are Noisy. LL is saying he not claiming to have a quiet place. He Will Not get involved.

As for you finding a Tenant Don't. Might come back & Bite you.

Glad you will be talking to a Lawyer...
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Old 02-17-2020, 05:12 PM
 
Location: North Idaho
32,480 posts, read 47,405,393 times
Reputation: 77676
The principle of quiet enjoy has nothing to do with noise. It means that you will be left alone ( by the landlord, nothing to do with the neighbors' behavior ) to enjoy your residence as long as you are law abiding.

You can pay the early termination fee and move out.

Your landlord is not willing to play referee to disagreements between tenants, and he doesn't have to do so. It's up to you to get along with your neighbors. If you can't, you have the option of moving.
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Old 02-18-2020, 11:57 PM
 
Location: SoCal
4,169 posts, read 2,107,643 times
Reputation: 2317
Landlord is not doing anything illegal and yes landlord is correct in statement about apartment living. Basically you're SOL in terms of getting out of the lease early without penalty unless you find someone to take over the lease.
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Old 02-20-2020, 11:38 PM
 
2,485 posts, read 1,380,317 times
Reputation: 3107
The last rental lease agreement I saw was about 30 pages long and full of "legal" terms. The bottom line is that the contract is made to protect the owner renting out the place and the "terms" will allow them to do about anything they want to and you will have almost "O" chance in court to change a thing.
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