Dream Apartment turned into nightmare.

[ferrar99]

Hi, My name is Camille. I live in Reading PA in an apartment building. I moved in on july 31 into a 1st floor apt. Eventually someone moved in next door. He was extremely loud and blasted his stereo all the time. We complained and it improved slightly.
Well, dec 2001 we looked at a beautiful apartment on the 3rd floor. We decided to take it since it was a corner apt. and to get away from "loud music man". A few days after we were moved in(DEC 15,2001), I noticed how thin the wall is by the staircase. The neighbors that live directly across from us are extremely loud and annoying. I can hear everything. They blast their TV with Surround sound, none the less. They also have sexual encounters that are extremely loud also. These episodes usually happen late at night into the early morning. They are very inconsiderate people. I can always hear them yelling at each other, slamming doors, and stomping up the steps.
In the lease it states that quiet time is from 10p-8a.

It is affecting the quality of my life and it is driving me nuts!!!!!
We had to sign a new lease to move to this apartment even though it was in the same building. The lease is not up until Decemeber of 2002. We also had to add more money to the security deposit and pay a transfer fee. Is there a way to terminate the lease early without penalty or get them evicted somehow. HELP!!!!!!

 

[HomeGuru]

Get a good tape recorded and record the sexcapades.
Then whenever you feel like it, blast the recording back at them. Use volume 10 with heavy bass reflex.

 

[J. Ducaine]

notify the owner that he/she needs to comply with the lease or you'll excercise your rights to avoid the lease. CC a copy to the health department. threaten to file a lien against the property!

 

[HomeGuru]

notify the owner that he/she needs to comply with the lease or you'll excercise your rights to avoid the lease. CC a copy to the health department. threaten to file a lien against the property!

My response: how does one avoid the lease? That's funny because I have not seen anywhere in the L/T laws of PA where a tenant can avoid the lease. And how would a tenant file a lien based on a violation of terms and conditions in a residential lease agreement?
Does the tenant have lien rights and what would be the basis to support and perfect said lien at a show cause hearing?

 

[J. Ducaine]

i was facetiously speaking regarding the lien - of course you probably cannot do this. generally speaking, the law affords you the right of quiet enjoyment of your rental, against nuisance and the like. nuisance includes (not limited to) noise. once this is breached, the landlord has a duty to mitigate (unfortunately for his/her sake). it really stinks being a landlord and having to mediate solutions for your adult tenants, but believe me, this is what you must do. a court would of course look to the evidence, including your written correspondence asking for a "correction: of this "breach". by the way, whether or not the lease specifically spells out certain things relating to "breach" or the "landlords duties" versus "your dutities", it is the landlords job to keep "lawbreakers" from continually breaking the law, and whats more, breaching their contract with the landlord (since you mention the quite hours in the contract).

 

[HomeGuru]

i was facetiously speaking regarding the lien - of course you probably cannot do this. generally speaking, the law affords you the right of quiet enjoyment of your rental, against nuisance and the like. nuisance includes (not limited to) noise. once this is breached, the landlord has a duty to mitigate (unfortunately for his/her sake). it really stinks being a landlord and having to mediate solutions for your adult tenants, but believe me, this is what you must do. a court would of course look to the evidence, including your written correspondence asking for a "correction: of this "breach". by the way, whether or not the lease specifically spells out certain things relating to "breach" or the "landlords duties" versus "your dutities", it is the landlords job to keep "lawbreakers" from continually breaking the law, and whats more, breaching their contract with the landlord (since you mention the quite hours in the contract).

My response: now you are starting to make some sense.

 

[J. Ducaine]

generally speaking, i try to deal with people for whom such reduction to simplicities is not required. but hey, as long as you're learning. conviction, such as yours, always seems to come from the sidelines.

 

[HomeGuru]

generally speaking, i try to deal with people for whom such reduction to simplicities is not required. but hey, as long as you're learning. conviction, such as yours, always seems to come from the sidelines.

My response: yes J Cocaine, the more you rant the more you appear to be on drugs.

 

[J. Ducaine]

its reduced to name-calling. you should have disclosed from the beginning that you are 8-years old. i would have stopped responding then. oh well, go home and do your homework. maybe some day you'll be someone.