QUESTION

Can I break my lease without a penalty since the leasing office won't resolve an issue with a neighbor.

Asked on Aug 12th, 2021 on Landlord and Tenant Law - Virginia
More details to this question:
End of April 2021 new neighbors moved in and since they have moved in they are throwing cigarette butts over into our yard that contains a gas grill. I have been to the office a total of 5 times complaining of this issue. I have sent the leasing office screenshots of were my neighbor admitted it was her guest doing it, but yet it still continues to happen. The last time I went to the office they told me I would need to call the police ( which I did and was told by the officer "its private property and the leasing office needs to do their damn job",. I also sent the office an email with the officers name and phone number and never once received a reply back. Since 07/31/2021 it still continues to happen, I work the office a email and still haven't heard back. We are at the point now where we want to move without penalty and get our security deposit back. This a breach of peace.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If the problems you are ahaving are as a result of your landlord's material breach of the lease, you would not be obligated to perform your part of the lease, i.e. you can leave without penalty.  However, if the landlord disagrees, you could be in for an expensive court fight in which it is not certain that the court will agree with you.
Answered on Aug 12th, 2021 at 1:57 PM

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