Is this considered a breach of contract or a tenant/landlord dispute, and how do I handle this?

I've lived in my home for almost 2 years. Clause 11 of the lease, the Quiet Conduct rules; don't be a nuisance, don't be loud, if you can be heard outside of your home, you're too loud. Also, only 1 dog up to 45lbs. The problem is my upstairs neighbors. In a 2bdrm apt they have 2 adults, 6 kids and 3 Mastiff dogs. They bang, slam, scream, curse, etc almost 24/7! It sounds like football teams tackling and they've knocked the pictures off my walls, lights from my ceiling, and terrified my small dog. They've taken my grill, put their trash in my storage room, and the cops have been there 6 times in the 6 months they've lived here. The landlord keeps promising to evict them, but doesn't. They've been asked to keep it down, but get louder, slamming doors at 3AM. I pay HIGH rent, What can I do?

Las Vegas, NV -

Attorney Answers (2)

John S. Fason

John S. Fason

Litigation Lawyer - Houston, TX
Answered

First of all, you must write letters to the landlord describing the problems. Telling the landlord verbally is not good enough. You need to put it in writing, deliver it and keep a copy. Include in the letter that these people are interfering with your quite enjoyment of your premises, and therefore the landlord will be in breach of the lease if he/it does not take action to remedy these problems. Multiple letters. If the problems are not fixed (either by landlord making these people be quiet or making them move), then you have to decide if you want to keep living there or not. Even if you have time left on your lease, you could move out provided that you have made a sufficient paper trial of letters to the landlord. However, before you break your lease, move out, and stop paying, you should consult a local lawyer on this landlord tenant issue. Good luck.

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David B Pittman

David B Pittman

Car / Auto Accident Lawyer - Fort Myers, FL
Answered

You need to be making complaints in writing. Get a paper trail going and then if the landlord does not cure the problem. See if you can get out of your lease. Refer to your lease to see what the language is for quiet enjoyment.

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