My real question is: Where exactly can I view the actual law pertaining to quiet enjoyment?
Long story short, I'm gathering everything I can find to present to the manager of this complex in order to get out of here. The noise is just incredible. My apt. faces onto a courtyard where anywhere from 4 - 40 kids gather daily to play football and scream blue murder. The courtyard's small (maybe 50 yards square) and enclosed by high brick walls, so there's a serious acoustic effect. Let me put it to you this way: no matter how loud my TV is, I can't hear it. This is also a studio apt. so I can't go hide in another room. Nor do I think I should have to, even if I had the option.
I've been complaining since May 2005 to no avail; she keeps telling me to call security, I point out that security never shows up, she tells me to email her when I do call security, I email, she acknowledges, and nothing further happens. This being Texas, it's warm enough here for them to play outside year round - although it's worse in the summer, when it starts at 7 a.m. and goes until 11 p.m.
Lately, the footballs have been smashing into my windows, but even that isn't enough to get anything done. I asked who exactly would pay for the repairs if one ever breaks through (or to replace anything that the football hit once in, any hospital bills if I got hit by flying glass, replacing anything stolen while I was in the hospital with a huge broken "walk-right-in" window, and my rent if I were hit badly enough to be out of work for a while), and she said they don't know the kids' names or even if they live here, and security would have to get their names. I have yet to see a single security person show up, so that's no help.
So, I want OUT. I can't take this anymore. She knows this, and is telling me that I need to pay 85% of the remainder of the lease, PLUS reletting fees. I contend that she's failed to live up to her landlord responsibility of "right to quiet enjoyment", and I shouldn't have to, or she should at least be reasonable (this place will be rented in a month, no problem). I wouldn't be moving if she'd done something, anything, about the noise.
Anyway, I want to know where I can find, online, the "right to quiet enjoyment" law, so I can add it to the pile, which so far consists of all the emails from me to her about this issue, a 60 minute recording of the pandemonium, printouts from the TX office of the attorney general, affidavits from neighbors proving my point, affidavits from visitors doing the same, and pics of the mob gathered outside my door as well as playing football in this too-small, enclosed space. It's just one more item, really, but every little bit helps. I don't want to sue her, I just want to get the **** out of here, and she is not at all willing to be reasonable.
Worst comes to worst, I'll talk to her corporate masters, call a lawyer, whatever it takes. I'm not kidding when I say this is intolerable. It's like living in a war zone. I've even called the police, but the police tried to arrest me for confiscating the ball that hit my window - which I confiscated to show them. No help there.
A little bit of irony for you: When I first showed up to see about renting, she bragged about how quiet the complex is, and how wonderful a view I'd have, living on the courtyard. I don't think she and I have the same definition of "quiet", but I believe that'll change after I bring my stereo into her office and refuse to leave until she's heard the entire tape of these kids.