Legal Question in Landlord & Tenant Law in Florida

I want to break my lease

I have just over 1 month left on a lease I signed almost 1 year ago. The lease has an addendum stating that ''balcony restoration'' might take place during the time of the lease. The addendum stated that the balcony door might be borded up and we might not have access to the balcony for a short period of time. What the landlord did not tell us is that the noise level would be unbareable. The walls and floors vibrate, no matter what balcony they are working on in the building. The noise lasts constantly M-F from 8 am to 5 pm. It is making it an unbearable living situation. I already spoke to the landlord and he is unwilling to let us go 1 month early. Dont we have a right to live in a quiet environment? The noise is NOT occasional, it is constant. Please Help!


Asked on 9/21/07, 11:33 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: I want to break my lease

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You have an arguable case but I am not sure you would want to risk going to court over it. If you break the lease, the landlord may make a claim against your deposit. It would then be your responsibility to file suit and take the landlord to court for the rights to the deposit. You would be better served if you can convince the landlord to make a compromise of some sort that you can also live with and avoid any ligitation.

Scott R. Jay, Esq.

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Answered on 9/22/07, 12:41 am


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