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brian o'leary | If you rent and apartment and find the floor is very sqeaky, is that a good enough reason to break lease? |
not just talking about a regular sqeak.. I mean, extremely LOUD...you can tiptoe anywhere and it's still ANNOYINGLY LOUD!
FYI: before signing i was shown a model and told the one i'll be getting into will be in exactly the same condition.
SOURCES ARE HELPFUL! |
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beagle
 |
Read the terms of your lease agreement very carefully. There should be a couple of clauses that protect you against this sort of thing. Your accommodations must be habitable and the landlord has a legal obligation to correct such a problem. You also have a right to "peaceful and quiet enjoyment" while in your home. In my opinion you would be obligated to give the landlord an opportunity to fix the problem to your satisfaction before trying to break the lease. If the landlord refuses to fix the problem there are several other options open to you if you want to stay in this particular accommodation. You can hire someone to repair the problem and bill the landlord later. If he refuses to pay then you will have to take him to the appropriate agency to arbitrate. Or if you just want to remain in the building request a different suite. Something else you can do is ask for a rent reduction that you will be satisfied with- although this really won't solve your problem.
If the floor is carpeted it sounds like it might be remedied by lifting the carpet and placing small screws where the squeaks are coming from. Squeaky floors are usually the result of nails being used to hold the plywood flooring down onto the floor joists below and that eventually become loose. Screws should take care of the problem if it is a wooden framed building that doesn't use a concrete "skim" over the floor.
Just a last comment. If you do decide to break your lease (after all else fails) you will have to take the person to arbitration to collect your damage deposit. You should also try and collect for all of your moving expenses. Whatever you decide to do have everything and all correspondences in writing. Most landlords will do what they can to keep good tenants. Some just do not care. Good luck |
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Jeanette
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Did you talk to maintenance about the issue yet? If not then you haven't even given them a way to correct the problem. |
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Finn
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I would talk to your landlord about it, maybe they can have you move into another unit that squeaks less. They won't let you out of the lease for that though. |
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squirrely
 |
No, that doesn't sound like enough of a reason to be able to break your lease, but you can check with your local tenants council.
I got the bait and switch once as well, never fell for that again!
http://ohmyapt.apartmentratings.com/how-to-break-a-lease.html
"You entered into a legal agreement of your own accord, after all, and you knew—or should have taken pains to investigate—the physical condition of the apartment and grounds and the nature of the available amenities before signing the lease. For this reason, claims about noise problems or facilities shortcomings are generally unlikely to work well unless you can thoroughly document the existence and severity of the problems, your attempts to have them resolved, and your landlord’s failure to do so." |
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corgi1922
 |
Not enough to break the lease but your landlord should fix it. Contact them in writing asking them to fix it. Give them about 2 weeks and if you haven't heard anything follow up with a 2nd letter requesting it be fixed within 30 days.
Call your country government to see if they can send you a tenants right packet. This will give you what you can and can not do to have issues resolved. |
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shamrock_girl88
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I definitely think it's something to look into. Obviously the landlord was being sneaky about it otherwise they would have told you about it upfront. Maybe inquire about getting being moved into another apartment in the complex if they won't work with you, because then they will have to get someone else in the squeaky one and most likely have the same problem. EVENTUALLY they are going to have to take care of this. |
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bloonunn
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Look into the following link. I do suggest that you take your time in reviewing the naterial to locate the specific area for your situation. To many people don't think they have rights as renters...yes they do! Good luck. |
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Anon
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I think you would have to inform maintenance about the problem, email the landlord if you can, get documentation that you told them about it. That way if they don't fix it, you can at least get someone in to fix it and make them reimburse you the cost. I don't think it would be enough to break the lease though.
I was pulled into that thing too. Viewing the model and not seeing the actual apt. A mistake I made with the very first apt I got. The one we actually ended up with was a handicapped apartment, which wasn't that bad...we got a huuuuge bathroom. It had a lot of things wrong with it. With our 2nd apt, I made sure to be better at picking it. I only considered ones that I got to see the actual apartment I'd be getting. |
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looardislander
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Get a can of STP and spray it along the cracks where the floor is squeaking... and don't say anything to maintenance about what you did. |
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YMY
 |
No, unless the landlord cannot fix it within 30 days.
First: send the landlord a letter, demanding to fix the floor to industry standard or allowing you to break the lease within 30 days. Send via registered mail.
Second: after few days, call and tell your real intention: break the lease.
Third: after 30 days, inform by writing registered mail again: Notice To Move Out; Lease is Null and Void, due to poor living condition.
Four: talk again; then thread to sue for damage (cannot sleep, nervous break down, headaches etc.) |
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George L
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call a handy man he will rip up the floor boards and put in a stud to stop the squeak |
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annazzz1966
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No, you cannot break your lease because the floor squeaks. You can however write a letter to the landlord and tell them the floor squeaks and you need it fixed.
Squeaky floors are a sign of structural damage, bad workmanship, the building settling or a combination of all these factors. |
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