Legal Question in Real Estate Law in Illinois
Break lease because of noise?
My 1 year lease has no termination provision. Do I have a legal right to break it if my landlord does not quiet down my neighbors? They play their stereo quite loudly at night, sometimes cranking it for a few minutes at a time, and other times literally playing it all night long, even on weeknights. They also slam and bang cabinets and doors. Other neighbors are also unhappy about the noise.
2 Answers from Attorneys
Re: Break lease because of noise?
Hello and thank you for your
question. You would be
risking a possible lawsuit
if you broke the lease, however you could argue that
the landlord's failure to
use reasonable means to quiet
the other tenants jeopardized
your right to a quiet enjoyment of your tenancy. In
other words, the situation has
become unbearable and you
would be cancelling the lease.
Under these circumstances you
would have to give written
notice to the landlord of the
noise and you would have to
allow the landlord a reasonable amount of time to
take action; say 14 days. If
the problem continued, then
you could move out and cease
paying rent and prior to
moving out you should send
the landlord another written
notice that you are moving
out and state the reason why.
In this way, if you get sued,
you will at least have a
pretty tight defense. Good
luck.
Re: Break lease because of noise?
Your landlord has an obligation to provide you with what is called "quiet enjoyment." That doesn't neccesarily mean it has to be quiet all the time, but reasonably quiet. Make sure you document everything, and either get your landlord to sign copies of letters describing the situation, or send them certified with return receipt. The landlord can still sue you for breaking the lease, but your careful and clear documentation should help your defense.
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