Legal Question in Landlord & Tenant Law in California
Neighbor in apartment next door keeps me awake
Hi,
Thanks so much for this service!I live in apartment complex of 30 apts. My next door neighbors bedroom is adjacent to mine. At night her snoring keeps me awake. I am paying very high rent and the complex is supposed to be upscale. Can I break my lease and get my deposit back? I have complained to management numerous times and they have no solutions.
1 Answer from Attorneys
Re: Neighbor in apartment next door keeps me awake
Is there a chance you can get earplugs or move your bed elsewhere? Have you tried talking to the neighbor? Sometimes snoring is an indication of a serious medical condition. Maybe the neighbor is not aware of it.
As for the lease, you should try to negotiate with the management company to get out, if that's what you want to do. Obviously, since they won't work to resolve the problem, they're breaching the lease's implied covenant of quiet enjoyment. You should provide them with written notice that the situation has to be rectified, and give them a short time to do so. Keep a copy of your letter.