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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Breaking a Lease Because of People Downstairs

    My question involves landlord-tenant law in the State of: DC

    My roommate and I live in an apt in a small condo building in DC. We rent our apt and the people downstairs own their place (plus the woman is head of the condo association)--the entire building is managed by a property management realty company. We have repeatedly been told that since we are renters we are basically held to a different standard than the owners in the building (i.e. we are wrong).

    Since we moved in 6 months ago, the woman downstairs has made numerous complaints claiming that we "stomp" when we walk around the apartment to the point where it is unbearable to them and their plates evidently rattle on the walls. Mind you, we are both about 130 lbs and in our late 20's. We have never had anyone in the apt with the exception of my boyfriend (who is not large and certainly does not stomp). We never play loud music or entertain guests or even walk around with our shoes on (we take them off by the door and tiptoe around). We have rugs covering more than 80% of the floors (as required by our lease). We have now received a formal letter from the property manager stating that we are disturbing the peace and living of the other tenants and that action will be taken if we do not stop. I have spoken to the property manager repeatedly about this situation and she has indicated that not only is it obviously a problem with the way that we walk (which she told us to change), but that more rugs will not help since it is the way we walk that is the problem. She has even come to take pictures of our rugs to show the lady downstairs (which I think is ridiculous).

    Does anyone know of any tenants' rights laws in DC or grounds for me to get out of this lease? I think the property manager and owners are not going to want to let us out because they know she will have a problem with anyone renting our apt. I feel that this has risen to the level of harassment and I am just uncomfortable in my own apt. I have been looking at the DC Code but can't seem to find anything about tenants' rights with respect to breaking leases, etc.

    I am just worried that if we don't get out now (with our security deposits) they will try to kick us out and we will lose our $$. Please help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Breaking a Lease Because of People Downstairs

    Can you get out of a lease because your neighbors are difficult or hypersensitive to sound? No.

    I suggest investing in a tape recorder so that you have some evidence of how little noise you're actually making the next time there's a complaint or if your landlord tries to evict you. You can also see if your landlord will allow you to move into another available unit or, if you prefer, ask them if they'll release you from the lease.

    What does your landlord see as the problem with the way you walk?

  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Breaking a Lease Because of People Downstairs

    If you plan on leaving at the end of your lease term, why don't you kindly inform your downstairs neighbors of your intention to leave and that you will be as quiet as possible until that time.

    If you are as quiet as you say you are, she obviously has some personal issue with you living there and will create another reason to complain. Play her game and patiently wait her out.

    You can ask the landlord if they will let you out of your lease early (it is doubtful, but worth asking). If you leave at the end of your lease or are given permission to leave early, you are not in danger of losing your deposit. They also cannot take your deposit if you were to be evicted for a noise complaint. The only time they can take your deposit is for non payment of rent.

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