I have filed several noise complaints to the landlord, but roommate continues to slam the door.

The landlord is saying that we should mediate, but I also explained to them that she said I was "dead to her." This is threat to me, but she didn't hit me so no one will take the threat seriously. I don't want to wait for a physical altercation, and I don't want to sit down and discuss anything with a person who has threatened me. The court will not grant a restraining order, and every time I complain it gets worse. The landlord says that they have no proof that she is doing what I say. I have recordings and I have called apartment security multiple times. No one seems to be taking me seriously. I am also unable to sleep and seeking counseling for anxiety and noise sensitivity that I have developed. I just want out of the lease. Is there a legal way I can get out?

Tampa, FL -

Attorney Answers (1)

Heather Morcroft

Heather Morcroft

Family Law Attorney - Winter Park, FL
Answered

If you don't make an attempt to mediate and resolve the problem, then you are not in a position to try to break the lease. If you have to prove that you ae being denied quiet enjoyment under these types of circumstances, you have to prove that you have been reasonable and attempted to resolve the issue. What you are describing seems to an observer like something that is at this point relatively minor, although you seem to be having a strong reaction, and could at least possibly be resolved if people sat down with a mediator and had a reasonable discussion. Refusal to do so could be seen as escalating the situation, not as giving you a reason to break your lease. There may be some other, unrelated provision of the lease that you could use, but you would need to have a real estate or landlord/tenant attorney to review the lease to see what options are available.

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