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Updated almost 13 years ago on . Most recent reply
Noisy tenant neighbor issue
I recently received a letter from my tenant wishing to end their lease early due to continued harassment from their neighbor. Its a townhouse and they share a common wall. Neighbor says the children are too noisy, but tenant says they are not and the neighbor is fabricating the complaints.
I have not received any complaints from the HOA and my tenant is an officer in the Navy and has always paid on time. He is at sea a lot and says the neighbor constantly harasses his wife. Since he is not home much he would feel better moving his family out of the situation.
My lease stats they must pay the remainder of the lease term to break the contract, but since he is an active military member and I definitely understand the struggle on family life this can create I told him that I would only charge a max one month rent penalty to break the lease, depending on how well they work with me showing the unit while they are still living at the residence.
I know this situation is common, but wanted some advise and suggestions. I have seen first hand how a neighbor can discriminate against a renter with kids and make their life hell. My concern is if this will be a common theme no matter who I place in this unit if they have kids.
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I'd investigate the noise issue and see with a visit maybe.
You might check out the Soldier and Sailor's Relief Act as active duty folks (not the family) can break a lease and seek mortgage relief while away and you get nothing. Remember too that this naval officer has free legal aid.
Your request for one months rent seems reasonable to me and if he agrees tell him to up anchor!
Kids or not, neighbors have the right to quiet enjoyment and local noise ordinances probably kick in when the kids should be asleep anyway. Good luck