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-   -   Ending a lease without penalty (https://www.askmehelpdesk.com/showthread.php?t=124950)

  • Sep 1, 2007, 07:44 PM
    shurt
    Ending a lease without penalty
    Hopefully, someone can help me with my dilemma!
    I moved into an apartment complex a little more than a year ago. About 6 months into my 13 month lease, the person above me got a new dog. I heard the dog playing, running and banging throughout the apartment at all hours of the night and morning. I complained several times to the office manager and assistant manager. They both told me they would talk to him, but to be patient because the dog is a puppy.
    Well, a few months later, the dog was no longer a puppy and now barked at ALL hours of the late night and early morning. I again complained and was told to talk to the tenant myself. Well, I wasn't happy about that response, so I wrote the apartment manager's manager. She informed me she would handle it.
    A couple of months later, the noise was still going on and my lease was up. I contemplated moving, but I really didn't have anywhere else to go. However, I did talk to the lease consultant about the noise and asked if there was anything that could be done. He said he would talk to the tenant, if he saw him. I decided to write the tenant a letter and asked him to help quiet his dog late at night. It worked for a few days, but the noise returned.
    Now, 1 1/2 months into my new lease, the noise has been out of control and I have had to call the answering service to complain about the noise over 8 times. I have detailed notes from June stating the day, date and time of the barking or banging along with action taken. I even had to have my apartment treated for fleas last week. I also have been seeing a migraine specialist for over a year, and part of my treatment is to receive an uninterrupted, good night's sleep every night. Obviously, this is not happening and it is affecting my health. My question is, since I have given the complex plenty of time to handle and rectify this situation, will I be able to leave without penalty. I feel I have done everything within my power to resolve this situation, but I am getting NO help from the apartment's manager. I plan to give them 30 days notice, but I want out!!
  • Sep 1, 2007, 07:56 PM
    Fr_Chuck
    Let me see, you signed a new lease knowing the dog was there and that they had done nothing. So what is the real reason you want out, since you signed the new lease knowing the dog was there.

    And not sure why you are going to give any notice, since you will have to be paying for the apartment rent anyway. You are bound by the terms of the lease.
    Start calling the police on the tenant who has the dog for disturbing the peace
  • Sep 1, 2007, 08:16 PM
    shurt
    I signed the lease since I really had no where else to go, but also the dog wasn't as loud at the time. The dog seems to have gotten a lot louder the past few weeks. When I call the answering service, they send a courtesy office (sometimes), but I asked if I could call the police and they told me, they probably wouldn't come.
  • Sep 1, 2007, 08:16 PM
    shurt
    Will I only pay rent for the month that I move out, or will I be responsible for the rest of the lease?
  • Sep 1, 2007, 08:43 PM
    excon
    Hello shurt:

    You'll be responsible for the rent until they find a new tenant.

    excon

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