Noisy neighbors from hell

priestess_2009March 20, 2009

I live in a basement apt. Never again, as my neighbors upstairs are really noisy.

My landlord friend (thank goodness I have one) says that we can craft a letter to management and get me out of my lease. I am obligated to find a tenant to cover my lease, and the lease expires on October 31st of this year. I am moving b/c of the upstairs turkeys. Management has not resolved the issue, nor has calling the police, nor does tapping the ceiling. I am moving.

She says that due to the fact that there was no COP (certificate of occupancy) when I moved in that I have a good excuse for getting out of the lease as in this state, CT, landlords are required to have one for each apt. I was told that the apt. "did not need to have an inspection".

Does any of this sound plausible? Management does not care about my issue; they just want money. My friend says its total BS that I have to find someone to cover the lease, i.e. it is their job. They also said if I use their realtor I owe the guy $700 (one month's rent).

any thoughts? thanks

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Well, I think that normally you would give a month's notice, and that would be that, except that with a year's lease, it might depend on local laws. However, I'm wondering about that COP - what is it supposed to be about? And, do you know for a fact that your place is a legal rental unit - I get the feeling there might be a question there, and if there is, the lease might be invalid and you'd have an easier time getting out of it. As far as the sublet thing goes, look hard at the fine print in your lease - you may in fact be responsible for a new tenant (that mgmt will have to approve of) - I have no idea, but it's always good to read everything before acting.

    Bookmark   March 20, 2009 at 8:43PM
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Based on what your LL friend told you about the Certificate of Occupancy, I would contact the building inspector to find out if you are in a legal apartment. You mention that it is a basement apartment and it may not be legal to occupy. If this is so, you can leave immediately.

Most building codes require two ways to exit a floor. Do you have two ways out in case of a fire that may block one exit? If not, it is probably illegal to have living quarters in the basement. That is just one stipulation in the code. There are others. If you are in a basement apartment is there a firewall between your unit and the furnace room? Also, do you have your own running water? If not, the building may be considered a rooming house and needs to be licensed as such.

Agencies to contact are the building inspector, the fire marshal, the health inspector, city hall for zoning regulations.......Call them all and get them interested.

    Bookmark   March 20, 2009 at 11:03PM
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