Question: How can you legally terminate an renter's lease?  Please, serious replies only.? Recently, my upstairs neighbor has been waking me at 3:00 am every morning.  I've complained to the apartment management several times and yet they won't do anything about the untenable situation.  Since I should be able to expect to sleep during normal hours, does this ridiculous situation release me from the terms of my lease?  Or am I going to have to contact an attorney.

Answer: There are steps that you can take to break your lease because of the situation, but the situation itself doesn't automatically release you from your lease.\n\nLook up the procedure in your state for a constructive eviction.  There are notice requirements and the landlord has to be given an opportunity to correct the situation.  Notice requirements are determined by the state, and your having "complained" a few times may not qualify.  \n\nYou will probably have to send a certified letter, wait a period of time (10 days, 2 weeks, etc) for action to be taken and then if the situation still has not improved you can break your lease without penalty.\n\nSome landlords do challenge constructive eviction claims.  If they do, you will need a lawyer at that point.
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