QUESTION

How can I get out of my lease without having to pay the entire lease? We moved in LAST WEEK.

Asked on Feb 17th, 2017 on Real Estate - New York
More details to this question:
My fiance and I moved into what we thought was an amazing condo only to realize that our upstairs neighbors are incredibly loud and seem to have serious marital problems. They are loud at all hours of the day and night. We can hear every move they make, from stomping around to going to the bathroom, to, this is the worst part - FIGHTING. Loud, screaming at the top of their lungs fighting and sometimes it even sounds like things are being thrown around. We have talked to them multiple times and nothing has happened. Our landlord does not seem to be helpful. They are owners in this condo association and we only moved in 6 DAYS AGO. We want to end this lease early and get out of this bad situation. Neither of us can sleep and have even resorted to moving into a hotel until something is resolved. We really need help and don't know how to move forward. How can we end this lease early and not end up having to pay the entire years rent? Is there any safe way out of this? We do not feel safe.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
It is an uphill fight.  You need to document these issues.  If you can record the noise, it is good also.  If you stop paying, you will be sued.  These are defenses, which may not hold up.  Just because you say things are bad is not enough.  It must breach your warranty of habitability, which is a high bar.
Answered on Feb 18th, 2017 at 7:56 AM

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