Legal Question in Landlord & Tenant Law in Nebraska

Can I break lease and get depostit back?

In May 2006 my roommate and I moved into an apartment. After our first week there, we discovered the man below us plays his music very loud all the time. He also allows for drug addicts and prostitutes to use our laundry facilities (we have a secure building) and leaves the locked entrance to our building open. We alerted our landlord and the police of his music and behavior. Our landlord told us this man would be evicted in August.

It is now Septemeber. This man is still living in our building and playign his music loudly at all hours of the day and night. The landlord decided not to evict him.

My roommate and I can no longer sleep or study comfortably in our home.

Can we break our one year lease and possibly receive our deposit back? The other seven tenents in the building agree that this man is a problem.


Asked on 9/06/06, 10:02 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Can I break lease and get depostit back?

Quite possibly, under the theory of constructive eviction. I would do a Demand Letter sent via certified mail. I have 25 years experience as a Landlord and attorney.

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Answered on 9/06/06, 10:46 am


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