Breaking a Lease Able to Break a Lease Due to Excessive Noise from Neighbors?

[Kevin Morris]

Jurisdiction

Missouri

Hi,
To be as concise as I can, I moved into an apartment early May. Immediately I realized I had noisy neighbors who love to party and blast their music all through the weekend nights. Since then, my weekend sleep has been ruined.

But the noise is not just constrained to the weekends - it occurs at any time of the day.

I've made over a dozen noise complaints to management, which seems to fall on deaf ears. There is a written agreement in one of our lease addendums -
Community Provisions Addendum - Item 5:
Be considerate of your neighbors. All audio and video equipment and musical instruments should be operated in a way that does not disturb others. The hours of 10:00pm to 9:00am are sleeping hours when any noise may be disturbing to other residents., so that the noise from your apartment will not disturb your neighbors. No loud parties, blaring automobiles, radios, televisions, stereos, etc., will be permitted at any time.

Management has stated that tenants who receive at least 2 written warnings on noise will be asked to leave the building. Yet, they've given 2 warnings to the tenants and now claiming they can't do anything else.

Do I have any grounds to break my lease due to inhabitability? Or perhaps grounds that the neighboring tenant in violation of their noise addendum (they signed the same document that we did) gives better grounds to inhabitability?

Any advice is appreciated. If important, I have not contacted the police yet - but that will be my next step instead of filing another noise complaint.

 

[zddoodah]

How long have you been in your apartment?

When did the neighbors start making the noise about which you've been complaining?

When does your current lease term expire?

In response to your landlord telling you that he/she/it "can't do anything else," did you remind him/her/it about the lease provision that you quoted, and, if so, how did your landlord respond?

Have you spoken with your landlord about moving to a different unit and, if so, how did the landlord respond?

 

[mightymoose]

Did you ask the landlord about ending the lease? If they aren't going to enforce their rules, they might just let you go to avoid further complications.

 

[Kevin Morris]

How long have you been in your apartment?

When did the neighbors start making the noise about which you've been complaining?

When does your current lease term expire?

In response to your landlord telling you that he/she/it "can't do anything else," did you remind him/her/it about the lease provision that you quoted, and, if so, how did your landlord respond?

Have you spoken with your landlord about moving to a different unit and, if so, how did the landlord respond?

Moved in 5/12/23 - the noise started the first night we were there (moved in on a Friday). Lease Term expires 5/12/24.

I've quoted several items in my lease, both verbally and in writing, that said neighboring tenants are in breakage of. Management has ignored my complaints on those items. They even went to the extent to say "We cannot dictate the way that our tenants choose to live their lifestyle. If playing music is what they love to do, we have no control over them." This same person also encouraged me to call the police instead of enforcing the matter herself. (To which we did, and police have stated that the next time they have to come out to neighboring tenant to enforce their noise ordinance, neighboring tenant will be charged.)

I haven't spoken about moving to a different unit, but I have spoken to her about ending the lease as a solution to our problem. Again, this woman does not budge on anything.

 

[Zigner]

Moved in 5/12/23 - the noise started the first night we were there (moved in on a Friday). Lease Term expires 5/12/24.

I've quoted several items in my lease, both verbally and in writing, that said neighboring tenants are in breakage of. Management has ignored my complaints on those items. They even went to the extent to say "We cannot dictate the way that our tenants choose to live their lifestyle. If playing music is what they love to do, we have no control over them." This same person also encouraged me to call the police instead of enforcing the matter herself. (To which we did, and police have stated that the next time they have to come out to neighboring tenant to enforce their noise ordinance, neighboring tenant will be charged.)

I haven't spoken about moving to a different unit, but I have spoken to her about ending the lease as a solution to our problem. Again, this woman does not budge on anything.

Keep calling the police...

 

[zddoodah]

I can sympathize. The police aren't likely to do much of anything (at least not anything permanent).

The landlord has both the ability and the legal duty to preserve the peace. Unfortunately, if your landlord is recalcitrant, enforcing your rights is likely to be difficult and inconvenient. I suggest you confer with a local attorney about the cost of your options.

 

[Zigner]

I can sympathize. The police aren't likely to do much of anything (at least not anything permanent).

The police said they would cite the neighbors next time.
Of course, that doesn't mean they will.