Termination of my lease

What is the name of your state? Texas

I recently moved to Texas from California. We just signed a year lease at this apartment complex. We only lived here three weeks and since day one the poeple above us have been constantly making noise, banging running dropping bar-bells on the floor. This is going on till 3 to 5am in the morning. We have complained to the office and documented evrything. Security patrol has also benn called several times and they have not shown up on any event. We already informed the office several times verbally and in writting about this situation, and still the pople above have not stopped. Now those same people are making unpleasent comments that involove curse words in front of our window so we can hear them. My family and myself no longer feel safe there. These people have a big family that visit them almost every day and they already have us pegged that we want them to be evicted. The office was told about this and we already informed them that we will be moving out on a certain date. They indicated that we still are bound by the lease and also it will be turned over to the collection agencies. They have offered to transfer us to another apartment, but we informed them that we do not feel safe in that complex. These paople have spread this around to their neigbors and they all make their remarks and stare at us when we go into out place. We have not had a decent night sleep since we moved in. My little girl as well as myself have to wear ear plugs to bed. Is there a way to get out of this lease in any way? and will it runin my credit?

Please advise....

John

[FarmerJ]

The subject of noise complaints has been addressed so many times in this forum its not funny . Ill bet if you scroll through the last 60 to 90 days of postings in this board your gonna find your answer .

[JETX]

First, you need to read your lease and see what it says about obligation of the tenants regarding 'peaceful enjoyment' and the repercussions. Most leases obligate the tenant to noise and action restrictions, or face eviction.

Second, you need to put the management/owner on WRITTEN notice (send certified RRR) that their failure to provide you with 'an environment of peaceful enjoyment' is a breach of the lease. Include a demand that they resolve the 'breach' within a reasonable time (14 days?) or you will consider your lease terminated due to their breach.

Write back after you have done those and the term for correction has passed.

I spent a great deal of time yesterday in my local library, researching the issue I posted. According to PA, TX, and CA laws (amongst others, I checked!! :-D), the lease laws state that the lease can be broken by the tenant if the tenant can show that the "covenant of implied habitability" has been broken; i.e., that there is an ongoing condition preventing proper habitation of your leasehold. It can be successfully argued (and has in PA case law) that in a multi-unit tenament building, repeated annoyance by neighbors violates the covenant of implied habitability. As such, after filing proper notice, a case can be made to break your lease w/out having to worry about early termination penalties and such.

[HomeGuru]

Originally posted by iammebutnotme
I spent a great deal of time yesterday in my local library, researching the issue I posted. According to PA, TX, and CA laws (amongst others, I checked!! :-D), the lease laws state that the lease can be broken by the tenant if the tenant can show that the "covenant of implied habitability" has been broken; i.e., that there is an ongoing condition preventing proper habitation of your leasehold. It can be successfully argued (and has in PA case law) that in a multi-unit tenament building, repeated annoyance by neighbors violates the covenant of implied habitability. As such, after filing proper notice, a case can be made to break your lease w/out having to worry about early termination penalties and such.

**A: read the thread again.