Can I break my lease due to false advertising?
I know that getting out of a lease is next to impossible but I figure it's worth a shot to see if anyone can at least appreciate my situation.
A year ago my fiance and I moved down from a small town in Northern CA called Merced. It was a nice town and the rent for a nice apartment was very low. Well, I am a native of southern CA and after a year of living in a small quiet town where even Taco Bell closed at 10:00 PM I wanted to move back home, closer to friends and family. So, we moved down to the city of Grand Terrace, near Riverside. The apartment itself was nice. It came with a washer and dryer, located on the bottom floor and right by the pool. It was wonderful for about 3 weeks before the neighbors from hell moved in upstairs. Well, after 3 months of complaining and calling the property managers we decided to bite the bullet and break our lease. We tried a find a place closer to my work in Anaheim Hills and located a nice place across the street from my work which would make my commuting a breeze!
We visit the community and the manager takes great pride in showing us the flowers and the grass and the pools and about how great the nighborhood is and how we are so close to shopping centers and yadda yadda yadda. Even the wesbites claimed how it was a nice, QUIET community nestled in the Anaheim Hills. Well, we were sold and put down a deposit on a studio apartment.
Two weeks later we were all set to move in. We has just pulled up in our moving van when we suddenyly hear a thunderous roar followed by the ear splitting sounds of a train horn. It was LOUD. Well, as we quickly found out, just on the other side the caport, about 200 feet away was the BNSF rairoads busiest rail lines in the Los Angeles area. Not only freight traffic but commuter rail as well. There was a railroad crossing just beyond the trees and the trains are required to sound their horns when they come to any crossings. At first we thought it was kinda funny and figured it was only noisy because we were outside. We were certain that the apartment must have thick wals and double paned windows to block out the sound right?
WRONG! The place was probably built in the 70's or early 80's and the windows were not double paned. The walls were just a hair thicker than cardboard. Needless to say that everytime a train comes by the whole apartment shakes like a smaller magnitude earhquake. Water splashes around inside glasses, plates rattle in the pantry, converstations are placed on hold on the telephone. These trains run day and night, sometimes we get lucky and we will have a span of maybe 30 minutes or so without any trains comming by but mostly they come, two at a time in some cases because it's double track.
I haven't bothered to discuss this with management because I know there is nothing they can do for me. The railroad was here first and the genius that decided to build apartments at this location needs to be shot. What makes this even more funny is that they actually had the nerve to send out fliers and tell us that the rent will be raised when it comes time to renew our lease. I've got news for them. It ain't happening. And in the past few months there have been several other tenants who have moved out and the apartments have yet to be rented. I seriously doubt that anyone stays longer then their lease.
What gets me is their website advertising a nice, quiet community. Such bold lies!
Anyways, enough about my situation. Any suggestions? Earplugs don't work by the way. Moving to another unit won't work either as the noise is just as bad in any location in the complex.