Legal Question in Landlord & Tenant Law in Florida

Can we get out of paying the early termination fee? Since we have moved into this development, we have been harrassed by our downstairs neighbor. He constantly bangs on his ceiling when my child plays, than came up and cursed me out when I was alone with my daughter. I had to call the cops. Than in May 2011 confronted my husband in our parking lot. The only solution given was we were offered to move to another apt, fees paid, but were only being given the weekend to move. It was impossible. We stated that it was not enough time to move, and that we spoke to the neighbors parents downstairs and they were okay with her playing. But, the harrassment has continued, to the point where the neighbor banged when my child was sick and ran to make the potty. We gave our 60 day notice and asked to not be charged to move out due to them not wanting to handle the neighbor. The owner sent us a letter, all his information and dates are completely incorrect. He stated that he will move us, or we can pay the $865 fee to move out early like in our lease, not pay back the concessions we got, and he keeps our security deposit. We than asked for a copy of our file, and they refuse to give it to us. We know the May situation was not documented in our file, for some reason. We also know that the neighbor was served a legal notice by the management here to stop knocking or he'd be evicted, but when he continued we were told by the owner he would no evict him. Is it possible to fight this and win? It states in our lease no tenant can verbally or physically harrass another, yet they've allowed this man to for over a year now.

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