We live near the pool in our apartment complex. Before we signed the lease we were told that there was a 10:00 curfew in regards to the pool useage so noise after hours will not be a problem. Wrong, we have had to call security three times in the last two weeks, we have complained to the management, but still the pool noise has continued. Sometimes it has required two calls to security and the noise has continued well past the curfew time. At times my husband has had to go out and ask the people to quiet down.
It is a very serious issue as I am a nurse in an ICU unit. I MUST get a good nights sleep to perform my job. I have peoples lives in my hands. I must think clearly.
My RN license and job is on the line.
Can we break our lease if the noise problem is not resolved?
Real Estate Attorney
You can try to claim fraud or nuisance as to the pool hours. However, before you do that, speak to the management and see if they will let you out of the lease or find a better way to enforce the curfew.
Fraud or nuisance is hard to prove and you could end up being found in breach of lease and having to pay back rent.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
You have the right to "quiet enjoyment" of your tenancy, which doesn't necesarrily refer to noise, but in this case it does. Does your lease address "quiet enjoyment"?
You also have the right to have management enforce its stated rules, including the curfew on the pool use. Have you put your complaints to management in writing? Have you asked for management to issues fines to those violating the curfew?
You may want to hire a lawyer to put your rights under the lease and these violations in writing to management.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.