Legal Question in Real Estate Law in Illinois

Our downstairs neighbors are asking our landlord to terminate our lease, due to too much noise being made at not 'normal' hours. Does he have grounds to terminate the lease early?


Asked on 5/30/14, 9:22 am

1 Answer from Attorneys

Your lease will tell you what your obligations are. Among them USUALLY is not to make excessive noise, or create a nuisance to other tenants. And your lease may or may not give you the right of "quiet enjoyment" which, if in the neighbors' lease, would entitle them to not be disrupted by your noise. So there is probably enough lease language so that if in fact you were creating too much noise that you could be held in default by the landlord (the other tenant can't terminate your lease, only the landlord!!!!). So part of it will be have you been a good tenant, is this a real issue, is the neighbor just testy or overly sensitive...? But there are other things too: the lease may say that before your lease can be terminated for this kind of "breach" or "default" you must be given notice and the chance to "cure". And it could be because you have speakers on the floor? There could be a lot of reasons. And if you didn't know this was a problem, you should be given a chance to "cure" it. So frankly my best thought is for you to have an attorney review the lease.

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Answered on 5/30/14, 1:54 pm


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