[beachaholicls]

We moved here in July 2007 (Florida). I signed a year lease. Since then I have learned that I have two felons living behind and 2 doors down (I have proof of this from the community committee here who sent me the rap sheets one is drug possession and one grand theft). I actually witnessed my neighbor freebasing (drugs) while letting my dog out the back porch (these units are back to back very close back porches so you can see in) I have written to my landlords and complained. I have gone to the Board Meetings to see what the mgmnt co will do. They tell us they are aware of the felons in the neighborhood but cannot do anything. Also, many violations are going un-penalized due to the negligence of the prop mgmnt co. There was actually a drug raid in here a few weeks ago. I spoke with a Sheriff and he told me that it is in my best interest to get out of this neighborhood being a single mom. The noise in here is horrible, dogs barking all the time, screaming kids. Again, I have appealed to the landlord and property management co. My main concern is not the noise but our safety. I wrote the landlords giving them sufficient notice of my intent to move out Jan 1. I used my last month's rent for December.

My question is: in the lease there is the typical Quiet Enjoyment clause that states that I may peacefully and quietly have, hold and enjoy said Premises for the term thereof. Will this stop the landlord from suing me for the remainder of the lease since this has not been met?

[Fr_Chuck]

Have they stopped you from using your home, and a felon who is on parole, or probation or released from jail have equal rights to places to live also, and you can not merely move because you don't like them living in your arera. And an area this bad did not just go bad, so why did you move there to start with.

You can try, but the apartment will say no, and then sue you, and you will go to court, so it will be all up to a judge, no one hear knows what the judge may say. So when you move, they will say you did not have a right to move, and sue you for fees, rent and late charges, so be ready to go to court.

[beachaholicls]

I moved here from out of State. I had NO clue it would be this bad. These are BRAND new condos that are being sold for $350k+. It went bad because the market crashed and owners are renting to anyone to keep their place from foreclosure. I am sure it was this way when we moved down here (from Chicago) but the landlord spoke very highly of these condos and how great they were. Even THEY learned of all this AFTER our move in from me reporting all of this. I have been to Board Meetings and called the property management company reporting all of this.

The Felons are out on bond. The one behind me due to drugs and I witnessed him freebasing Friday night through our back porch window while letting the dog out. I have never lived in a neighborhood like this. Actually I have always owned but being new to the area decided to rent awhile. This condo association as I said is new. Still with the developer! So this is outragious as pricey as these places are. It is all due to mismanagement and the prop mgmnt co not making sure that renters are screened.

But due to the quiet enjoyment clause, do I have a way out? Not only are there felons and drugs but the noise is unreal. Barking dogs all day and night, screaming kids. Neighbors partying on their back porch while smoking pot. I had to CLOSE my windows tonight so my kids and I did not have to smell the pot! This property is only a few miles from the beach so it is prime property! Hardly what we expected especially for the rent we are paying.

[excon]

Hello beach:

Yeah, I don't think you should live near felons... specially those POT smokers... Yuk!

But, if you move, you're going to be stuck with the lease. I don't disagree with your argument either. You ARE entitled to quiet enjoyment. Plus, I don't doubt that the management company is renting to anybody, either.

However, it's what you've DONE or HAVEN'T done about it that will sink you. In a nutshell, WHEN you get to court, you'll have to PROVE all your allegations. You'll have to show the court that you complained, and that you gave the company adequate time to address your complaint. Then you'll have to SHOW that they didn't.

If you didn't put your complaints in writing, take pictures or videos, get statements, and otherwise document the EVIDENCE you'll need to produce, then it doesn't matter what the truth is. The only thing that will matter is what can be proven in court. And, I'll bet you can't prove squat.

So, go out back and take a hit with your neighbors... Cause they're going to BE your neighbors for a while.

excon

[beachaholicls]

Hi excon:

This condo is actually owned by a doctor and his wife who live in Atlanta. I have written to them (e-mails) and complained for a few months. The doctor actually wrote this back to me (after I attended board mtgs in their behalf and tried to quote FS to the mgmnt co due to property mgmnt being my profession as well):


"Thanks so much for your time with these problems at Sail Harbour. Shelley and I are so frustrated and feel terrible that this hasn't worked as well for you as we had hoped. I understand your desire to move if that is what you think you should do. Obviously, we don't want you to leave. Whatever you decide, please give us advanced notice. We are contacting our attorney here in Atlanta and will be doing so with a real estate attorney in Ft. Myers to resolve these issues involving S&S, EH and the tenant/slumlords of Sail Harbour."

AND he wrote this e-mail regarding some of our complaints regarding excessive noise to the management company:


"Please assist in addressing this problem of barking dogs. Lori is a very good tenant. The tenants/owners of these dogs are clearly a nuisance and are in violation of Section 5.2 of the DCC&R for Sale Harbour. I may lose her as a tenant if I cannot provide for a resonably quite environment in which she has agreed to live. I am paying S&S management fees of 2800/yr for each of my units in Sail Harbour. I do not want to lose Lori due to property management's/Developer's lack or response to address these problems."

He also TOLD me on the phone that he would leave if he were me. It's his wife who wants to press this and make me stay. Can I use his e-mails to help me if it goes to court? I also have e-mails to and from the property management company complaining over and over.

Thanks!

[excon]

Hello again, Lori:

Well, it doesn't sound like he's going to sue you at all. Cool. Then what's the problem?

Maybe, if you had mentioned HIS cooperation in the first place, my advice would have been different...

Nahhh, that's not important stuff.

excon