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How bad must a disturbance prove to be in order to break a lease? Or can you?
My Fiancee and I signed the lease for our current apartment just over a month ago. The unit is in a busy part of town, it is a community composed of both residential and businesses. Our unit is located on top of a Japanese/Hibachi restaurant which doubles as a lounge on weekend nights.
Moving into this community, we were aware it would not be quiet living. There are often festivals, markets, entertainment going out right outside our patio. This was to be expected when we signed the lease to move in here.
However, little did we know how much of a nightmare the restaurant downstairs would turn out to be. The first night in our new place, we quickly found out that the Japanese restaurant has Karaoke going on until 2am each weekend night. It is incredibly loud throughout our unit, especially in our bedroom which makes it absolutely impossible to ever go to sleep while it is going on.
Since we moved in we have complained about the loud noise which has resulted in the volume going down slightly. But still, each week i dread the weekend because of this darn Karaoke that we have to listen to until the wee hours of night. This is the first issue.
Second issue is, that about 2 weeks ago we started hearing a constant humming noise from our walls that resonated throughout our apartment, also causing the floors to vibrate. Again, i got on the phone and tried to get this matter resolved. Two maintenance men from the property management company came to our apartment and quickly established the fact that the disturbance was due to the fans from the restaurant downstairs being broken. We were told that they would get on them to fix it and we should have the issue resolved within a day or two.
Fast forward to today, a week later. We have spoken to everyone, the restaurant's management company, our property management company, the restaurant owner himself, etc.. The noise has diminished some, however my floors are still vibrating and the noise is still bad to the point that i cannot relax in my own home. The humming and vibrating is a constant effect, so you can only imagine how irritating it can be.
Now, each time i have spoken with someone, whomever it may be, i was told the problem would be resolved that day. I believe they had people working on it, but obviously the fans causing this noise and vibrating were not infact fixed.
I find it odd that even though we keep being told that the fans should be fixed by now, they have not been back to our apartment once to check if we are still experiencing the humming/vibrating. If they did, they would easily see it is still an issue (it vibrates in the hallway too).
I keep getting no where trying to get this fully resolved. My question is what rights do we have as tenants in a situation like this one? I feel that i cannot live peacefully in my own home. It has cause so much stress in my life and problems between my fiancee and I as we fight over this constantly. It feels like this will not get resolved, and i am wondering what is the next step?
Can we demand to break the lease because we cannot live here anymore?
I really feel like we have gotten to this point. Living here has been more a nightmare than anything so far.
Please, someone help us , we need legal/professional advice.
(We live in the state of Florida if that helps)
1 Answer
- sunshine_melLv 78 years ago
None of these issues are due to the landlord, so are not enough to break the lease.
You need to complain to the local government about the noise from the restaurant, as and when it happens, and log all the issues. They have the power to make the restaurant be quiet, not your landlord.