<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by micahz:
In February my wife & I moved into a brand new apartment building. The ads said the place was "virtually soundproof" and we had assurance from the owner that this would be the quietest building ever. Unfortuately, it turned out to be extremely noisy. We can hear everything that goes on the the apartment above us. We can even have conversation with the tenant above us through the bathroom floor. There have been two different tenants above us in the 9 months we've lived here and its still the same. We talked to the owner about this in April and he convinced us to stick it out a little longer. Now we're fed up and want to get out. Is this grounds to break a lease? I've seen terms like "broken covenant of quiet enjoyment" and "hidden defect in the building" as reasons to break a lease, would this qualify?<HR></BLOCKQUOTE>
You may have a valid argument although it must be proven that the walls/ceilings are so thin, contain little or no insulation etc. that sound from normal conversation is being transmitted through the walls/ceilings. There may be a building code violation for inadequate insulation. The owner should contact the project architect and general contractor/builder to investigate. The building was designed on a virtual CAD system using Smart House technology and new age materials and at no extra rental charge, each unit comes equipped with a built-in wireless intercom system. No wires or batteries needed. Converse with your neighbors on both sides and above by speaking loudly in the direction of the wall or ceiling of the neighbor that you would like to communicate with.
Note: The developer warns that to keep the embarassment level to a minimum all occupants must refrain from loud burping, farting and moaning during sex.
