Legal Question in Landlord & Tenant Law in Pennsylvania
Landlord breaks lease, Early Termination???
Hello,
Myself and my roommates lease an apartment from our landlord. The building we live in is brand new and we are the first tenets to live in the apartment. There are two apartments in the second story. The landlord also has an office/bar/living area in the front of the building, also on the second floor, right next to our apartment. Landlord also has a garage right beneath our apartment, which he uses to house his trucks and various ATVs, motorcycles, four-wheelers ect. Myself and my roomates, along with the other apartment are all college students. It has become a problem because the landlord causes disturbances that make it difficult to study/sleep. He plays music during all hours of the night, has parties that last till the early morning hours, the garage door literally shakes the entire building when he raises and lowers it in the early morning hours, rides ATVs through the adjacent lot, ties a dog outside that barks all day, drives his work trucks through the garage which is very noisy. We have confronted our landlord about the noise and disturbances and have even told him we wanted to move out early. He denies that we can break the lease early. Is there anyway we can break this lease early?
1 Answer from Attorneys
Re: Landlord breaks lease, Early Termination???
Hopefully when you notified the landlord in writing if not do so and tell him that you have the "right to quiet enjoyment" which doesn't mean you have the right to quiet. What it means is that the landlord cannot do things like enter your apartment without permission. That said add that unless he stops doing what he's doing you will consider leaving and your defense would be "constructive eviction".
In the interim if he plays loud music late at night call the police.
If you have any questions feel free to contact me. The initial consultation is free.
{John}