Legal Question in Landlord & Tenant Law in Michigan
How to Terminate a Lease Due to Excessive Noise?
I am a college student that signed a lease one week ago. My neighbors have loud parties every night and last night they had a domestic violence dispute, screaming at eachother that kept me up all night. Since I moved in I haven't been able to sleep for more than 2 hours because the couple next door is either partying loud or yelling...I complained to my landlord and they have given them 2 warnings...but it does not make the stop. I want desperately to get this lease terminated because the landlord doesn't do anythign to stop them or even fine them (it says in the lease they can fine tenants or evict them for excessive noise.) Can I take legal action to terminate this lease on the grounds that the landlord does not enforce the rules and allows one tenant to party/yell all night long which disturbs the other tenant? How do I make these people stop yelling? Should I call the police? Could they be charged with domestic violence for yelling profane words at eachother at late hours of the night? I want to get out of this lease or make them stop! Please help!
2 Answers from Attorneys
Re: How to Terminate a Lease Due to Excessive Noise?
Call the police first. You need to take actions on your end (and have proof) that show that you tried to resolve it prior to taking legal action to terminate your lease.
Re: How to Terminate a Lease Due to Excessive Noise?
A complaint to the police will go a long way to establishing your credibility. The police would likely charge the neighbors with disturbing the police, a misdemeanor charge. If the neighbors are smart, they will be quiet thereafter. If they do not abstain, then notify your landlord and tell them that if action is not taken to evict the tenants, the landlord will be in breach of the lease covenant of quiet enjoyment of the premises causing you to be forced out / wrongfully evicted, and could end up owing you damages for the breach of the lease and wrongful eviction.
For a discussion of a landlord's obligations to their tenants, please visit my website, www.lawrefs.com and search 'lease'.
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