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AnnoyedStudent

Landloard has done 'NOTHING'!!!

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Greetings Everyone,

 

I'm a college student living in an noisy apartment complex. I take my school work and 'work' very seriously. I have a upstairs neighbor who blast his music every other day. It can be during the afternoon, evening to the morning. I've asked him to please turn his music down multiple times. It's failed so I called the police. The police aren't able to hear it outside so it's not loud enough to them. I've talked to my landlord who does not reside in the apartment complex to know what I'm going through. We've had a meeting and during that meeting he stated that he had 'SPEAKERS'....speakers. The landlord said nothing in regards to taking the speakers down or anything. She just asked him to turn it down, basically. I've been dealing with this for almost a year now. My lease is up on Aug. 31st but I want to move out now. I've been wanting to move out everyday without having to pay for termination fee. It's not my fault that I cannot have 'quiet enjoyment'. I have 2 more months....what do I do guys? Please please help me....i beg you. I'm praying every night that I only have 2 more months.....2 more months..

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It's not my fault that I cannot have 'quiet enjoyment'.

 

 

Quiet enjoyment doesn't necessarily mean that your neighbors have or be quiet or that your landlord has to do anything about it.

 

It's a complicated subject.

 

I don't find anything in the NC landlord tenant statute that would help you:

 

http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0042

 

There's plenty of case law in North Carolina that can be read at Google Scholar:

 

http://scholar.google.com/scholar?q=quiet+enjoyment&btnG=&hl=en&as_sdt=4%2C34

 

You might find something there.

 

 

 I have 2 more months....what do I do guys?

 

Realistically, you might have to just suck it up for two months and then try to rent a place that doesn't have upstairs neighbors.

 

People who claim lack of quiet enjoyment often just pack up and leave and then end up in court trying to defend their reasons for leaving.

 

So, If you want to spend thousands or tens of thousands on litigation or just lose to a default judgment, you are free to leave whenever you want.

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1) Keep a copy of the police report stating that it is the landlord's responsibility since they can't hear it outside. 2) Write a letter to the landlord demanding he rectify the situation and noting the date you first complained.   3) Record the disruptions and keep a log each time it happens.  Put it on a $5 8 GB thumbdrive or something.  4) buy a white noise/ocean breeze/rainstorm type CD or download it and listen to it when you are sleeping or studying with small headphones.  5) keep paying the rent and move out when appropriate.  6)sue the landlord to get your rent money back for lack of quiet enjoyment.  Be sure you get a copy of the rental agreement/contract and note where it says rules about disturbing other neighbors.  It will be breach of contract because the landlord only 'asked him to turn it down' at the meeting and utterly failed to enforce it resulting in a daily ongoing disturbance to you for the entire period you were there. 

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