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Landlord Lied About Noise

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Landlord Lied About Noise

Postby redhawk2005 » Sun Jun 14, 2015 11:45 am

I recently moved into a duplex house in a rural area in upstate NY. I was adamant to the landlord that noise is my primary concern and was assured repeatedly that the new place is quiet. Upon visiting it seemed quiet enough. But I now find that there is near constant noise from trucks and motorcycles passing by on the nearby road that I didn't notice when I checked the place out. This goes on all day and night long and is so loud I cannot drown it out with fans which is what I usually use to block noise. I also discovered that I am just around the corner from a major tourist attraction that is sure to bring huge amounts of traffic in the summer.

I am disabled and have severe chronic pain problems which is already more stress than I can handle. Adding the stress of constant noise is going to destroy what little is left of my health. I have signed a one year lease and am wondering if there is anything I can do to break the lease and move out without facing further liability other than for the time I actually spend here. I feel the landlord committed fraud by lying about the noise, which she is well aware of as she used to live in the house next door and used my current residence as an office. I had considered moving to the Southwest and am wondering if I just put my stuff in storage and flee will I still be liable for the unpaid rent? I am at a point where I have to make a decision between my health and my legal obligation under this lease.
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Re: Landlord Lied About Noise

Postby TenantNet » Sun Jun 14, 2015 12:23 pm

You can certainly ask the LL to break the lease, but don't be surprised if she won't go along with that.

The noise you describe is not something caused by the LL, and it's not the LL's responsibility to mitigate it. I can't imagine you weren't aware of the road fronting the property and if it is busy or not. The same goes for the tourist attraction. I hate to say it, but those are things you should have realized or discovered.

Fraud for cars passing by? Come on.

I can sympathize on the impact of the noise, but honestly that is due diligence needed on your part.

As for moving, legally you are responsible to the rent for the term of the lease. But then of course that would come into play only if the LL started a court case. If that happens, and if there is a judgment, then the LL can see compensation through your assets (usually bank accounts or vehicles). It can also impact your credit.

Another option is to find a replacement tenant. See if your lease allows for that, or if the LL is willing to go along with that.
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Re: Landlord Lied About Noise

Postby redhawk2005 » Sun Jun 14, 2015 2:38 pm

"Fraud for cars passing by? Come on."

Not fraud for passing cars, but fraud for failing to reveal that this place is extremely noisy after being asked, something which I didn't notice at the time I visited the place. I should note that I visited on the weekend when there are far fewer trucks on the road. Obviously the landlord is not responsible for passing trucks but shouldn't she be required to give truthful answers to direct questions?

You talk about due diligence, but how could I ascertain the noise level inside a building without overnight access to the building? It isn't always possible to think of everything beforehand and my experience with rural roads has been that they are not that noisy. I had no idea this one would have 18-wheelers going by all night and would have had to camp here overnight (on a weekday) prior to signing the lease to figure that out. Even then I would have no idea how loud they are inside the building. Does my failure to give this place a thorough noise inspection absolve the landlord of her responsibility to tell the truth?
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Re: Landlord Lied About Noise

Postby TenantNet » Sun Jun 14, 2015 3:04 pm

Misleading, yes. Fraud, no. Perhaps the LL will let you out of the lease for being misleading. Remember, noise is subjective. A person who thinks he's walking quietly in his apartment might not be able to understand how it might be driving the tenant below him mad.
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