Legal Question in Landlord & Tenant Law in Missouri
Noise, harrassed by neighbors
I plan to break my lease which has one more month left (ending in July). My neighbors are inconsiderate, there are too many kids running around, diving in the pool and shouting all day long. Now their parents are harassing me, saying I am the problem maker. My landlord is a bully too. He knew about the problem but did nothing. The complex is filthy and poorly maintained. He keeps renting to bad residents who would do crime. In fact my former next-door neighbors were drug dealers and they killed someone while living there. After they fled, the landlord said he would secure the area, but nothing has improved. Will I be in trouble if I leave the apartment quietly? The lack of sleep will cause me to run into a car accident soon and I am uncomfortable to bring the problem to the landlord
for fear of threats by the noisy neighbors and also face his harassments that are both hostile and perverted.
I will appreaciate your advise, if possible. Thanks!
1 Answer from Attorneys
Re: Noise, harrassed by neighbors
Without seeing the lease, I can't tell you the legal implications of breaking it. Generally if you walk out on a lease (with one month left) you would be liable for the month's rent.
However, in your case, you may have some defenses including the warranty of habitabiliy and the covenant of quiet enjoyment. If I were you I would serve notice on the landlord as soon as possible of your intent to vacate and cite the noise and crime problems and the reason that you do not feel safe in the apartment.
If the landlord goes after you in small claims court, you can defend by citing the criminal activity, etc., and the landlord's lack of action.
This is probably a situation where you should seek some counsel from an attorney before taking any action because there is a written lease involved. An attorney should review that lease and advise you.
Good luck.
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