Legal Question in Landlord & Tenant Law in Florida

Landlord/Tenant

I lease a townhouse that is next to the pool. There are many rules for the pool that are not enforced. In fact there are pool parties with live bands, boom boxes, etc. The noise inside the house is deafening. What are my rights concerning peaceful enjoyment? The Rules and Regulations are a part of the lease that I signed. Do I have a legal right to break the lease because of the noise and the management company's inability or unwillingness to abide by those rules?


Asked on 8/17/07, 11:37 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Landlord/Tenant

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.

It is very hard to prove that the landlord is not allowing you the peaceful enjoyment of your apartment. Rather than breaking your lease, I would suggest that you complain each and every time there is a loud party at the pool. Call the management office (if open) or call the building security to develop a track record of your complaints. Call the police if after hours if you feel the party breaks the noise ordinance in your community. After a short while, the message will be gotten by the management and they might offer to allow you to terminate your lease or relocate you within the complex.

Scott R. Jay, Esq.

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Answered on 8/18/07, 5:08 pm
David Slater David P. Slater, Esq.

Re: Landlord/Tenant

Yes, but you must follow the Florida statute as to your procedure (FS 83)

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Answered on 8/17/07, 2:13 pm


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