Breaking my lease...

[pisceslady315]

I live in a house that was converted into 2 apts in upstate NY (Orange County). There is one upstairs (me) and one downstairs. In March new neighbors moved in. The day they were moving in they were blasting music and I don't mean at a loud annoying level. My windows were shaking and rattling! I asked them to turn it down please and they ignored me. The music continued to be a problem and I spoke with my landlord. He talked to them and after me complaining for several more months and him threatening to evict them if I leave, they finally stopped blasting their music. There have been fights and loud parties downstairs. I told my LL that I don't feel safe anymore because of the unsavory characters that linger outside visiting the neighbors. Before I moved into this apt it had radiators for the heat. LL had taken them out and installed new heating vents. But my downstairs neighbors are either horrible cooks or just like disgusting food because I get a nasty, burnt and smoky smell through the entire apt when they cook. It comes up through the old radiator pipes that are still here. They just have a cap on them. It lingers for several hours. I spoke to my landlord and he said he will talk to them. I spoke to him several times. I finally had to get a fan to put in the window to blow the smell out. But now it's colder weather and it's been around 40-50 degrees. I can't keep my window open without freezing and losing my heat. For the past month I have tried to contact my LL by phone and letter. He has not called me back or written me back. After last night with my neighbors being loud and cooking at 130am I cannot take it anymore. I am sending him a letter that I'm breaking my lease. I will give him 30 days notice when I find a place. My question is will I be liable for the rest of the lease? I renewed my lease on 4-1-09 and it expires 7-31-10. If he does take me to court do I have a legitimate case? I have called the police on my neighbors and they haven't done anything. I feel like I've tried all I can and that my LL doesn't care anymore.

PS-My lease states "It is the intent of both parties that this lease is for a period of 15 months and that the last month's rent will apply only to the last month of the lease period. Should this lease be breached by the resident, both the last month's rent and the indemnification deposit shall be forfeited as liquidated damages and the resident will owe rent through the last day of occupancy." Does that mean I only have to pay my last month's rent? I don't even care about my deposit at this point.

Any help would be appreciated!! Thanks!

[pisceslady315]

Nothing? No ideas? Anyone?

[dealing3000]

I would record/write down every interaction with the new tenants as well as every letter/call to yourLL. If the LL sues you for breaking your lease you will at least have a valid argument.

What I would do is stop paying the rent. I guarantee you will hear from the LL after that! Then explicitly tell the LL he will not get a single penny until these people are gone. Tell him you have all the rent $$ in a separate account (do it) and he will get it if he evicts the below tenants. $$ is the only thing that talks and it will cost him $$ to evict you ( a good tenant) or them. I am sure he would rather evict them. What is the worst thing that happens, he evicts you for not paying the rent? He would have sued you anyway for the unpaid rent for the rest of your lease term.

Time to play hardball.