@Anonymous wrote:
I'm hoping that someone with knowledge of similar situations can assist me with with an issue I'm likely soon to face. I have been living in my current apartment complex for nearly 10 years. Last summer I moved into a larger unit within the complex where my lease is set to expire on 7/31. I've hated ever moment that I have had to spend there. The neighbor below me is not "neighborly" at all. She plays loud music all times of the night which disturbs any chance of enjoyment for me and my family. In the beginning I anonymously (which I realize now to have been a mistake) called the police not once but twice because of her noise. I really should have been anonymous but what's done is done right? The next few times she was disorderly, I've sent written notice to the property manager documented the time of occurence. I've reported her to them at least 4 times but nothing has helped the situation. The property manager set up "mediation" between us but that only helped briefly. I am at my wits end. I sent them a certified letter w/ notice of my lease termination. Rather than 7/31 I will be leaving on 6/30. I was hoping that due to the problems I've endured while living in my current apartment, we'd just call it even but the manager responded that in addition to fees that I'll be responsible for, I'll owe them a lease termination fee. I do not plan to pay them anything before my departure due to the hardship and stress she has caused. Can they take legal action to try to collect for the money? Will my documented attempts to get the problem solved be enough to keep them from getting a judgement against me? Any help will be greatly appreciated.
I would seriously recommend you consult a local attorney.
Most states provde that the lessee has the right to quiet enjoyment of the premesis. Whether or not the lessor's failure to take sufficient action against another possiblly antisocal tenant is a breach or not is subject to debate.
I believe they may not be successful in obtaining judgment against you so long as you can document what you've described. Still, there is no guarantee. What they can do even without getting a judgment against you is cause you headaches by retaining any deposit you may have placed with them and also place a negative trade line on your credit report.
A local attorney can help you. I'd imagine that a nice (Well, ok, not really "nice") letter from your attorney threatening them will legal action for breach of contract might make them more apt to accept your proposal.
