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Noisy Neighbors- Want out!

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NannonMM

Guest
What is the name of your state? Arizona

My husband and I signed a six month lease. We moved in on the 5th of November and the management is saying that the lease is going till May 31st (5 days short of 7 months). We have had a very serious problem with our neighbors on the adjacent wall to our kitchen. They continue to have their music up (which can be easily heard over our tv and my daughter) at all hours, anytime from early morning till even 2 in the morning and has kept us awake many nights. We have spoken to our neighbors 3 times, our other neighbor spoke to them once for us also, and we have told the management twice and management has said that they have had complaints about them before. We have resorted to banging on the wall when their music is turned up. The other evening when they had their music up, they went to the Management and complained that we were banging on their walls and then one of the Leasing Consultants said she was going to come over to listen to the music to see if it warranted our response because our neighbors claimed it didn't, the management never came over. My husband and I just bought a new home also. We weren't planning on moving into it till mid April or so to avoid double payments but we have now started to have things rushed so we can get out of this situation sooner. There is a "good neighbor" clause in the lease that states we should contact the tenants first and if the situation is not resolved to contact the management. Management will then determine how loud is too loud. My question is, to get out of this situation, are we validated in breaking our lease early so that we can get into our home sooner? Also, is it legal for them to have the lease for as long as they do when the lease itself states it's a six month lease and the dates are 11/5 - 5/31?
 


JETX

Senior Member
"are we validated in breaking our lease early so that we can get into our home sooner?"
*** No. You would need to have substantial, supportable evidence to do this.... especially considering that they landlord would challenge any claims that you make. You need to write the management of the noise complaints and include a record of the dates and times of the complaint. From your post, it appears that you have not formalized your compalint (in writing) to the management company, nor have you given them an ultimatum for them to 'fix it'.

"Also, is it legal for them to have the lease for as long as they do when the lease itself states it's a six month lease and the dates are 11/5 - 5/31?"
*** You signed the lease showing the 5/31 date, so that is the valid date for the end of your lease.
 

FarmerJ

Senior Member
Does your town have a disturbing the peace or noise ordinance ? If so and they have a time on it as well , like say 10 pm start calling the police and get report or incident numbers . Either the folks next door will either change there ways OR they wont but keeping track of the calls will help prove you have complained .
 
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NannonMM

Guest
Well, Thank you so much for your help. I drafted up a response immediately and on Monday and I turned the letter into them saying it was our last time contacting them about the situation. Within an hour I got a call from the management saying that they were drafting them a notice and would be giving it to them that day. Well, now it's Wednesday and once again, at 8:30 at night, their music is turned up to where we can easily hear it over our t.v. The manager said she had never been told about the situation (which is wrong cause the neighbor we have problems with said she had already talked to her about it) and that I should just call them everytime that it is up. Well with it being 8:30, I don't have a number to call. Should I have to stay here and just put up with it or is my written notice enough when I said in it that it was our third and final time asking them to correct the situation? Thank you very much for your time!
 
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kevinss

Guest
Get the police out to your place. Have them come in and demonstrate how loud the music is. Have the police handle the problem. If they are called and decide to have a talk with her, and she continues, you can just call them back again. If they get several calls in the same night, they'll eventually lose patience with her. I know there will be a little bad blood between you if this happens, but it sounds like the blood's pretty sour already :)
I'm not sure if the officer would pen up a report for you or not, but you can always ask :)
I'm having the same problem with my neighbors, and the landlord is just ignoring my complaints. She says she'll do something about it but never does. Tonight I'm calling the police when they start up. Mine's not just loud music, either.. it's loud computer games attached to a system with a very nice subwoofer, so I get to not only HEAR, but FEEL gunshots from whatever game he's playing.
 
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