Breaking a Lease without Fee

[Dmitriy Kravchuk]

Jurisdiction

Washington

I have moved into a new apartment and have been living here for a week now. The leasing office failed to inform me the absurd structure of the apartment. When the neighbors are walking upstairs, it can easily be heard with creaking in the ceiling. I can stand quite noise, but this noise is far from it. It can still easily be heard with my T.V on max volume and with 32dB ear plugs in my ears. I feel as if I am going to go insane if I continue to live here.

I want to move out, but don't want to pay the $2,700 early lease termination fee. I feel as if I was blindsided by the landlord and am wondering if I can get off the lease without paying the fee and maybe even get my deposit back. Here is a word for word of part of my lease agreement and I feel like this bit of it can help me get out of the lease.

"Conduct The premises are to be used only as a dwelling. All Residents are responsible for their own conduct, that of the other Residents in the unit and their guests. Noisy conduct that disturbs the quiet enjoyment of any other Resident or drunk or disorderly conduct will not be permitted at any time."

 

[mightymoose]

No, that section of the lease won't do it. That is more for people who blast loud music and such.

Did you inspect the apartment before moving in? That was your opportunity to discover the issue.

Your best option is to go to the landlord and ask very nicely and apologetically to be released. The landlord might be willing to work with you, but you won get little or no cooperation if you come threatening legal action the landlord knows will fail.

Is there another unit that may switch to instead?

If you absolutely must leave then do yourself a favor and try to five a new tenant to take your place. If you can provide a suitable replacement and the landlord suffers no loss the landlord might be more agreeable to let you go.... But doesn't have to.

Early termination is going to cost you something. Your goal here should be to minimize that cost rather than to eliminate it.

 

[Dmitriy Kravchuk]

We did inspect the apartment, but suspiciously and conveniently for the landlord, it was at a time when no one was home upstairs. I spoke to them about switching units on site, but that requires a minimum stay of 9 months. So I am pretty much trapped.

I will attempt to reason with them. I was thinking of asking them to put the apartment back up on the market and when they find a tenant, to allow us to leave early.

 

[mightymoose]

I was thinking of asking them to put the apartment back up on the market and when they find a tenant, to allow us to leave early.

This is where you might help yourself by locating a suitable tenant on your own and not burdening the landlord with that task. It might bno help, but it can't hurt. For best results be polite as possible and know that the landlord does not have to do much of anything about the matter.
You might take your lease to an attorney for specific advice, but don't rush into discussing legal terms with the landlord or you risk losing any cooperation you might have gotten otherwise.

 

[zddoodah]

The leasing office failed to inform me the absurd structure of the apartment. . . .

. . . I feel as if I was blindsided by the landlord

For starters, do you have any reason to believe the landlord was aware of this issue? When you were in the process of renting, did you ask any questions -- either of the landlord or the prior tenant -- that were designed to obtain information about this sort of thing?

am wondering if I can get off the lease without paying the fee and maybe even get my deposit back.

The first thing you need to do is contact your landlord and your upstairs neighbor to discuss the situation. If those efforts fail to resolve the issue, then you can think about breaking the lease.