Legal Question in Real Estate Law in Maryland

I am currently in a 12 month lease at a newly built apartment building. The property has a number of sound issues and you can hear everything from the person above flushing their toilet to them walking across the floor. I have received a number of noise complaints from just living in the apartment. I now feel like I'm walking on eggs shells in my home, just so I do not have to receive a complaint. I have asked to be released from my lease without penalty, but management does not agree, but they have not provided any other solutions. Can I fight to get out of my lease without penalty?


Asked on 12/07/15, 9:24 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Unfortunately, this type of issue is not typically one recognized by the courts as constituting a breach of the landlord's duty of providing a livable premises. If there was some defect in construction, that might be an exception, but presumably there were building inspections that had to be passed before an occupancy permit was issued. Sometimes in these situations tenants are required to provide carpeting over most surfaces to at least cut down on walking noise, but that doesn't help with toilet flushing, vacuums, kitchen appliances, etc. Unless you are playing overly loud music, tv, etc., or doing something else that would be considered outside the norm of everyday living, you shouldn't need to be concerned about others' complaints. Of course, ironically if enough complaints are made against you the management company might let you terminate early, but there would probably be some financial penalty, such as loss of your security deposit. Also in that circumstance the landlord might sue you for ongoing rent, at least until they found a replacement tenant, which they would be obliged to pursue.

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Answered on 12/07/15, 10:12 am


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