Legal Question in Landlord & Tenant Law in Florida

To whom it may concern,

I am a resident in a townhome community. My particular townhome is being managed by a real estate company. Ever since I moved in, which is August 6, I have had noise disturbances from my neighbor. I at first tried settling the matter civilly yet the mother left a note on my door telling me not to come over to their house again. She left a phone number and I called several times and left messages but never an answer.

I informed my management of this and they said they would do what they could to get in touch with the neighbors management and see if they could stop the noise. This has gone on for a month and a half. I keep complaining about noise and they keep saying they will do their best to try and get them to stop. Finally, I was told by my management that I just need to file a police report as they have done all they can do.

I requested that I be able to terminate the lease and they said that they do not allow that. The only that I could do is sublet the townhome. I pleaded and asked them to actually contact the owner of the townhome that I occupy and ask them if they would make a special case. They still have not told me if they have honored my request or not.

For me, I feel that constantly being awoken every Monday-Friday by the children clamoring up and down the stairs getting ready for school, their loud televisions during the evening, and their loud get-togethers warrant me the ability to terminate my lease. I have spoke with the police department and they said that I have to call them when the noise is going on but many times, it is intermittent and impossible to have an officer to come over and verify without them staying the entire day.

Therefore, legally, am I able to send a notice saying that I am terminating my rental agreement due to constant disturbances? I am not trying to make things complicated nor so controversial and figure this is the easiest way. I even asked if there was a fee that I could pay to break the lease and they said nothing existed. I really want peace and quiet and I feel that I have been patient enough. I have endured this for a month and a half and have paid more than enough money to them. Any help and guidance that you could provide would be helpful.


Asked on 9/21/12, 6:05 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

It will depend on the lease. If there is a clause as to noise pollution you may have an out. An attorney will have to review it and give you some advise. As to breaking the lease without a proper reading of the lease could cause you to be responsible for the payment of the term.

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Answered on 9/24/12, 8:50 am


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