[Samantha_Mundis]

I have been renting my apt. in West Chester, PA with my boyfriend. We resigned our 1 year lease to start our 2nd year in Aug. 2010. Shortly after, some new neighbors moved in across the hall.

They play music extremely loud at all hours of the day and night. There are many people coming and going at all hours, and ongoing raging parties daily. They are rude, and slam doors constantly. They are always giving us dirty looks. The cops have been called to their apt. at least 3 times in a matter of less than 2 months. I even overheard them saying that when they find out who called, they will key their car. These boys are very threatening.

The last time the cops came was last night. There was a party, and the cops came to tell them to keep it down (around 12pm). Around 4am, the cops came back. This time it was due to a big brawl in the parking lot outside. When I left this morning, there was blood on the door and walls leading to outside as a result of the fight.

The rest of the residents in our building have complained to the leasing office multiple times. The maintenance guy said he "didn't see any blood" and hasn't cleaned it up when it was brought to their attention. The most the office has done was send out a mildly worded letter to all the tenants in our building about the noise.

I don't feel safe living here. These boys are rude and clearly have no boundaries. My boyfriend is ofter gone for work days at a time, and I (a 22 year old petite girl) am left alone. The loud parties keep us up at night, and make school and work very hard the next day.

My question is this: do we have any legal support for breaking our lease early? Since the landlord has had multiple complaints, and the cops have been called numerous times, yet still nothing has been done, is there any way to break the lease without repercussions?

If it matters: We did not pay a security deposit due to a "special" that involved having good credit.

[ChickyBaby]

Get pictures of the blood all over, and keep records w/ the dates & times of everything that goes on with that other apartment. Like when the cops come, when they come back, when the music is blasting and what time it is that you finally went to because of whatever they were doing. Even mark down if they wake you up in the middle of the night with doors slamming, etc.
I know this sounds annoying to do, but I'll explain why soon.

Also check out what your lease says about safety &/or welfare of tenants. This you can bring up to the landlord w/ a copy of the pictures and records you kept with the date and time. Go to your landlord and tell him that you fear for your life because you are a young lady in a very unsafe situation.

See if the lease says what the penalty is for breaking it. This could be your ace in the hole. You then could break it with his own rules and still give another copy of everything.
Now some leases say you owe rent for the entire lease, even if you break it.

Worse case? Go meet with a re al estate lawyer and bring a copy of your lease, the pictures and records you made. See what they say and ask how you can break the lease w/o any legal problems later. Like if the lawyer tries to sue & you have done everything the lawyer says... there is a good chanch the judge would throw it out. I don't know if it would go that far.

I hope this helps. :)

[ScottGem]

Unfortunately, rude and obnoxious neighbors are not grounds for breaking a lease. But the landlord probably does have grounds for breaking their lease. Most leases have a clause that voids the lease if there is illegal activity going on. The multiple police actions, should be enough to void their lease.

I would get all the building residents together to petition the landlord to terminate their lease. If the landlord continues to ignore that petition, that MIGHT give you grounds for breaking your lease.

I would consult with a local real estate attorney to see what your exact options are. Another resource would be a local law school, many have clinics to help people. Since you said you were going to school, see if your school has a law school.

[excon]

Hello S:

I would write your landlord a certified letter telling him exactly what you told us. He DOES owe you a SAFE place to live, and if he can't provide it, HE broke the lease. Tell him you will seek other lodging. Give him 72 hours to take ACTION.

excon

[ScottGem]

Hello S:

I would write your landlord a certified letter telling him exactly what you told us. He DOES owe you a SAFE place to live, and if he can't provide it, HE broke the lease. Tell him you will seek other lodging. Give him 72 hours to take ACTION.

excon

The problem, as I see it here, is that a safe place to live is very subjective. I'm not confident that a court of law would agree that this situation would violate the terms of the OP's lease. My feeling it's that a lot more would have to be proven to give the OP sufficient grounds to vacate without being held responsible for the balance of the lease (or until such time the unit is rented). That's why I think the WHOLE building needs to get behind getting the unruly ones out. Its also why I feel that someone with a greater knowledge of local courts be consulted. Some courts are pro-tenant, others are pro-landlord. This is something you need to know.

[excon]

The problem, as I see it here, is that a safe place to live is very subjective. I'm not confident that a court of law would agree.

Hello again, Scott:

I don't disagree with you. But, maybe the manager will agree with her. She's certainly no WORSE off if she writes the letter.

excon

[ScottGem]

Hello again, Scott:

I don't disagree with you. But, maybe the manager will agree with her. She's certainly no WORSE off if she writes the letter.

excon

The only problem there is that the OP might be painting herself into a corner. I can see writing such a letter, but making it less of an ultimatum.