The right to terminate a lease when ”quiet enjoyment” is not possible.
Hello,
I recently vacated my previous apartment after writing a letter to the leasing management corporation. I felt I needed to vacate because of numerous issues, but mainly that of squeaking floor boards from the apartment above mine, which prevented me from sleeping, making telephone calls, and basic concentration. The condition was extreme and management made no attempts to fix the problem. The decision to vacate was made on behalf of my health and sanity. I do not feel that I should have to pay for a termination fee (which is two times the monthly rent + security deposit), and I have told the company I will not be held responsible for such fees. I gave a thirty days notice, but they are implying that I will indeed have a financial obligation even if they find someone to rent the apartment next month. It is my understanding that the company has breached the rental agreement under at least one condition, that of breaking the covenant of quiet enjoyment. Am I correct in this assumption, and either way, am I legally obligated to pay any fees in this situation? Finally, if I am not obligated to pay any fees, and I am asked to do so, what should my next step be? Thank you so much!
Tag Archives: Landlord & Tenants
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