breaking a lease because of bad neighbors--can i?
Hi! I've got a question about breaking leases. My husband, 12-year-old, and I moved into a 4-family place in September. We were assured it was a "quiet building" and that the only people above us were a "quiet couple." We were also told that there were no dogs allowed, no longterm guests allowed (like letting friends live with you), etc. etc. We thought it was perfect and signed a year lease. Since then, we have discovered that the "quiet couple" has a 6-year-old (the husband's kid from a previous relationship) who they let run and jump through the apartment at all hours of the day and night. I should mention that the noise sounds like WW3, my ceiling fan actually rocks, and ALL of us have heart palpitations. (I have talked to them 2 times & they were nice and stopped the noise for a while...only to have it return another weekend). But I was learning to live with it. Then, right before Thanksgiving, they let a friend of the husband's move in "temporarily"...well, he STOMPS. I hear him stomp from 4am until he heaves for work at 7am and from 5pm when he gets home until he goes to bed. We tried to get used to it. I had to move into my son's bottom bunk because the noise from his room (right above ours) made me have panic attacks and I couldn't sleep (my husband works 3 jobs and can sleep through an earthquake, generally). JUST when I was getting up the nerve to ask them to talk to their guest (last weekend), they get a DOG. A black lab puppy. And he runs over my head night and day...and he's small right now!
Anyway, I went upstairs and talked to the wife. She apologized for the stompy houseguest and child. She said she knew they were both loud (hello? then why not stop them?). She said to come up any time if they were being too noisy (like it's my responsibility to be mom). Also, I confirmed the dog is theirs and is staying (I was hoping it'd go back to the little girl's mom's house).
Anyway, the lease clearly says that children are not allowed to run in the apartments, hallways, or common areas because it disturbs the "quiet enjoyment" of others. It also has statements about not allowing longterm houseguests or animals not previously approved by the landlord. So I called the landlords on Sunday and the wife called me back at night. I told her what was happening (the kid, the guest, and the dog). I also told her that I never would have moved in under those conditions & would have to move out if they were allowed to continue. She said she was out of town right now but that she would take care of it AND call me to let me know how it was being handled. It will be one week tomorrow and I have heard nothing.
I'm calling her again today. I know she may still be away, but I need to know what's going on. My question is about breaking the lease...my lease has conditions and I really want to leave and be able to keep 100% of my security deposit because the situation is not our fault. (Also, I should mention that we were told that taking out the garbage was a shared thing among all tenants but we are the ONLY ones who have been doing this since we MOVED IN...if we let it go, it doesn't get picked up...also, since moving in, the landlord hasn't come to mow or trim back the bushes...we borrowed a mower and bought hedge clippers and did it ourselves...so the owners aren't the "nice, responsible landlords" they seemed to be at the beginning)
Anyway, I'm sorry for rambling but I'm stressed out to the max. We hate our living conditions now and cannot afford to move without the security deposit. Can I keep it all if the landlord rented to us under false pretenses and doesn't do anything about our complaints?
Stressed and sad in CT,