How can I cancel my lease?

The neighbors have sex at early times in the morning (3am, 4am, 6am) really loud that it wakes me up. It has happened 3 times and I finally called the landlord which did get a little quiet. On the other hand now they are stomping and talking a little louder and the ceilings are ultra thin. It is so loud that it wakes me up every time and I have not gotten enough sleep for my college papers and midterms for two weeks now. I do not know what to do but I feel like I need to break the lease ASAP or I will lose my mind. The lease does not say anything about getting or not getting my deposit back if the lease is broken. Although there is a statement that every tenant is given silent enjoyment.

What can I do? Can I cancel my lease and get my security and cleaning deposit back?

Also, when moving in she asked for a refundable cleaning deposit but did not clean which I did not contest since she was old.

6 Answers

  • 1 decade ago
    Favourite answer

    It's difficult to break a lease. What I would do is talk to the property management (not the landlord) and provide them with documentation of what the problem(s) is/are. They will probably move you to another place or, if you're lucky, make your lease null and void.

    I would definitely mention about the cleaning deposit and how your place was not cleaned. Give them a list of what was not done.

    If all else fails, it's probably best to consult an attorney. What they'll do is read the lease in full and see if there are any way you can contest your way out of it.


  • rtfm
    Lv 7
    1 decade ago

    You don't get out of a valid, legal contract just because the neighbors are noisy. You signed a document that legally obligates you to pay the rent, on time, every month, until the term of the lease ends.

    What you need to do in this situation is talk to the neighbors (politely) and ask them if they could tone it down a little, at least during the hours when most people are asleep. That should have been the first step, before going to the landlady.

    The cleaning deposit is to make sure you leave the apartment clean when you leave. It has nothing to do with whether your landlady cleaned the apartment before you moved in or not. If you don't leave it clean when you move out, she'll use your deposit money to have it cleaned.

  • 1 decade ago

    You can break a lease for any reason that you want, contrary to what most people say. What breaking this lease will COST you is a matter of

    1) what is stated in your lease and/ or

    2) what local or state laws entail(sp?).

    Most local housing and licensing authorities have ordinances concerning the condition of the rental, under which you would be able to break the lease if the dwelling were deemed un-inhabitable. Noisy sex generally isn't enough to do it, unfortunately.

    Your best bet would be to speak to your landlord about breaking the lease and come to some sort of arrangement. i recently needed to break a lease and I never even moved in the place! I just found a replacement tenant and I got my security deposit AND my last months rent back! Of course, if I coudn't find a replacement, I would have been responsible for the rent until I did. I also lived at another complex where I could have done that, or paid 2 months' rent penalty to break the lease.

    Also, legally, the landlord can't keep your deposit. It's not her money to keep! It's your money that she keeps in escrow to cover any damages caused by you upon your move-out. That's why it's not allowed to be used as rent. Of course you could argue that lost rent is damages, but again, check your state and/or local laws.

    Bottomline: talk to the landlady, try to find a replacement tenant.

    I get the whole noise thing. I live under some 110-pound elephants and when they walk, it makes me want to shoot holes into the ceiling x-( Most localities have noise ordinances, but they rarely enforce them. If you find that you can't move, try talking to your neighbor. Also, try earplugs; they're the only things that have save my sleep!

    Source(s): Look up your state and local housing laws!!!
  • 1 decade ago

    A refundable cleaning deposit is for when you move out, to guarantee that you clean.

    You may certainly cancel your lease, breaking the lease, leaving you with legal obligations. You will have to pay penalties for breaking the lease and can be held to lease until a new tenant is found. You will most likely lose your deposit.

    Suggest you make written complaints about noise in apartment and that you have been denied your quiet enjoyment of the premises at times when you should expect it. Most leases or most communities have Quiet Times.

    Source(s): longtime LL
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  • 1 decade ago

    If you are going to get out of the lease you cant just be out in one day. You must give the owner of your lease at least a two week notice that you are going to leave. Typically you will not get any of your deposites back if you back out of the lease early because it is inconvienient and expensive for the owners to put it back up for lease.

    Good Luck!

  • Kimmy3
    Lv 4
    1 decade ago

    You cant just break a lease over noisy neighbors. Maybe they will move you to another apartment, if you ask, instead of breaking your lease

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