Legal Question in Landlord & Tenant Law in Georgia
Breaking a Lease
I know that it's hard to answer this because not all apartment leases are created equal. I just want a legal opinion. I have a 7 yr old child who is autistic and sensitive to noise. We have never lived in a middle floor apartment and after six long months dealing with her problems with noise she is about to have a nervous break down.
During a routine check up her doctor said we really need to get her into a single family dwelling and would be more then happy to write a letter to the complex. Where we are at does have various clauses written in to the contract but there is no mention of medical issues.
We have 3 single people that like to party below us and a concert violinest above us. The violinest I don't mind. But we were here before the single people and yes I have reported them on their noise before but I am 34 yrs old and have no desire to be a ''tattle tail''. As adults they should know better. The complex says they have 3 ft of subflooring between each home yet I can hear my neighbor sneeze. So my question is, Does this sound like a legitament reason to break a lease?
1 Answer from Attorneys
Re: Breaking a Lease
What you describe sounds like a typical apartment, where noise is part of the deal. If the neighbors are excessively loud, you need to make a complaint to the management or the police. If you do not make an effort to resolve the situation, the management will not be as likely to work with you. Beyond that, we really can't guess how bad the noise is. As for the medical issue, things like that are personal issues for you to decide. A form lease is not going to cover a tenant's personal issue or sensitivity, as they can't be responsible for every tenant's situation. Personally, that is a reason to break the lease and move - just not a reason to avoid a penalty. Apt. managers are used to having tenants who want to leave early, but try to raise unrelated issues (noise, security, etc.) as a way to get out of the lease. We get those questions here regularly. The best thing to do appears to be to negotiate the best agreement you can, and do the best thing for your child even if you have to pay a little to do it.
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