Can I break a lease due to noise?

Asked 11 months ago - Elmwood Park, NJ

I moved in on june 2012. About a week later, a bunch of motorcle guys standing behind my apartment and reving their engines. They have about four garages which are located behind my apartment. They just rev the bikes all day long. Then I was an idiot and renewed the lease again because I could not find another place being that I work 70 hrs a week and no time.
Now these guys are plugging wires right underneath my apartment( where there is a crawlspace with a door). And they place their bike right near my window and plug the wire into their bikes and just revving it. I am sick of this. I am about to walk out of this place abandoning the lease which runs till june 2014. What are my rights as a tenant who cannot enjoy his peace?

Attorney answers (4)

  1. Layni S Rothbort

    Contributor Level 13

    4

    Lawyers agree

    Answered . You need to notify the landlord IN WRITING of the problem and give him a reasonable amount of time to fix the situation. It is not clear from your post if the bikers are on your landlord's property, if the crawl space to which you refer is in your building or if the offenders are other tenants in your building, but if any one of those scenarios is true, your landlord has to take action to stop what either amounts to trespass or a breach of the rules. If the landlord is not able to stop the noise, then you may be able to claim a constructive eviction and terminate the lease.

  2. Raymond Andrew Grimes

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . If they do it at night, you may have a better chance. You may have To hire a noise expert to come out to your place and prepare a report in anticipation of litigation

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  3. Golnar Sargeant

    Contributor Level 19

    2

    Lawyers agree

    Answered . Take your lease to a landlord/tenant attorney to review and he/she can advise you on the best exit strategy with the minimal cost and liability. NEVER break a lease on your own, no matter how justified you feel. I can not tell from your post if these motorcycle guys are tenants in the same building or not, or if they are just loitering behind the complex. If they are not tenants of your landlord, he really can't do anything about it other than perhaps move you to another unit.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more
  4. Fredrick P Niemann

    Pro

    Contributor Level 10

    Answered . By renewing your lease knowing aboutnthennoise condition compromises your position.Try contacting your local code enforcement officer about the excessive noise.

    Advice provided is general in nature and should not be relied upon without retaining qualified and experienced... more

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