quiet enjoyment clause

[unhappytenant]

What is the name of your state?colorado
I moved in on top of a bar. The landlord told us that the noise from the bands downstairs was not that bad. In fact it is so bad that the windows in our apartment rattle every night of the week. In our lease there is a clause titled quiet enjoyment. It states the landlord covenants that on paying the rent and performing the convenants contained in this lease, the tenant will peacefully and quietly have, hold and enjoy the premises for the agreed term.
I would like to know is this grounds for me to legally end the lease and move out?

 

[south]

It may be hard for you to enforce the clause considering you knew you would be moving above a bar, does the lease say what level of quietness?

I would issue notice to the landlord that the noise is beyond a reasonable level and state the clause and that you wish to utilize your rights as per the contract if the landlord cannot assure you quite enjoyment then you wish to give notice you are leaving.

Then see how the landlord responds...

What is the name of your state?colorado
I moved in on top of a bar. The landlord told us that the noise from the bands downstairs was not that bad. In fact it is so bad that the windows in our apartment rattle every night of the week. In our lease there is a clause titled quiet enjoyment. It states the landlord covenants that on paying the rent and performing the convenants contained in this lease, the tenant will peacefully and quietly have, hold and enjoy the premises for the agreed term.
I would like to know is this grounds for me to legally end the lease and move out?