questions & answers

Question: I moved into a new upstairs apartment unit in May 2011. It is now June 2011. Everything is great, except I have downstairs neighbors who play loud music from 1 am-5 am. The music is soft enough, but the bass is extremely loud. It vibrates our beds, floors and walls. We have spoken with the manager, who says that she can do nothing. The police have come, (twice), and are sympathetic but because it seems to affect only me (the vibration is in the bedroom below me), they don't know what else to do. Can I break my lease? More specifically, I want to change units. Can that be done?

Answer:

The landlord has a duty to do whatever is necessary to maintain the premises in a fit and habitable condition according to the Arizona Revised Statutes (A.R.S.), Section 33-1324.

A.R.S. § 33-1361  explains the procedure that a tenant must follow when the landlord has not performed this duty. A.R.S. § 33-1361 only provides for termination of the lease as a remedy. Additionally, A.R.S. § 33-1361 does not specifically list an annoying tenant as something that would make the apartment home unfit or uninhabitable. It can’t force the landlord to let you transfer to another unit. You might want to ask an attorney for their advice. Take a look hereto find resources available to you in your area.