I live above very noisy neighbors that disturb my peaceful living every day. In my lease it specifies that disturbing others' peaceful enjoyment of their apartment is a violation of lease. I've brought the issue to apartment management's attention and they have done nothing for 4 months. Can and should I take legal action?
In addition to contacting your property manager, you should also contact the police. It is generally a violation of local ordinance to create noise that affects others after certain hours. After enough calls, the police will start complaining to management, and then they may do something.
You could also have an action for constructive eviction. If you have put your landlord on written notice of the problem, and they have failed to remedy the situation in a timely manner, then you may be able to break your lease and move out, if the noise from the other neighbors makes your apartment uninhabitable (i.e. unlivable). If it is distiurbing your sleep, your children, etc., you may have sufficient grounds to break your lease without penalty to you.
Another option would be to file a civil suit against the offending neighbors. Ohio law provides a tort for interference with another's peaceful enjoyment of his property. You have the right to peaceful enjoyment of your leased property without interference from other tenants. And if you have suffered damages, you can sue the other tenants for those damages.
Best of Luck.
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