Serious problems with apartment, need to break lease...?

I currently live in an apartment complex; I signed the lease for the apartment in July and the term began in August, running through July 2009. The lease contract was one that looked like it was printed off the internet or from some collection of blank legal forms. The apartment was advertised as quiet etc.

Within the first week living there, neighbors began seriously disturbing us. It began with loud music, sometimes during the night, often during the day - loud enough at times to make our walls vibrate. The neighbors in the unit across from ours apparently have some serious domestic issues and fight constantly. Their fights began in August (or, that's when I moved in, so that's when they started as far as I'm concerned) and involved screaming matches - including screaming obscenities and threats - and slamming of doors, etc. I called the cops that very first time and complained to the property manager. The tenants were given a 7-day warning. That was in August.

Since then, it has only escalated. The neighbors in the unit next to mine also know the neighbors in the unit across from mine, and several nights a week they all get involved in these domestic disputes. At least three to four nights a week, I am either kept up at night or awoken in the middle of the night by their screaming and yelling and door-slamming matches. Each and every time, I call to complain to the landlord. And if it is too loud or goes on too long, I will call the police. As I said, this robs me of much needed sleep at least three or four nights a week.

In the past month the fighting has escalated dramatically. A couple of weeks ago, the female chased the male who lives with her with what looked like a bat or a stick, hitting him repeatedly with it while screaming at him. He jumped in a car and sped off, and when the police arrived, she lied and told them someone had "wasted their time." Then last night, they got into a screaming and slamming fight that woke me up at 5am. I looked out the window at the moment that he began to beat her mercilessly. He chased her inside and outside the house, beat her head against their door and outside wall, and told her he was going to kill her, all the while screaming obscenities and making ungodly noise. The police rushed out, sirens blaring. As soon as they pulled up, she was able to push him out of the way and lock him out. She wouldn't open the door for the police, so they eventually left as they weren't cooperating and they didn't see the evidence of the fight. Meaning, this pattern will continue.

I've had more than enough of this. The landlord is complained to every single time this happens. The tenants were given warnings three months ago but none of them were followed through. This is causing severe emotional distress - I am kept up at night several nights a week, or my sleep is disturbed, meaning I go to work quite often very exhausted, and this affects my ability to work effectively, which in turn could affect my livelihood. The question is: I want to get out of here. I can't live in any semblance of peace, and I feel quite often completely unsafe in my own place. I've put up with this for three solid months. I want to find a new place to live - but I don't think the landlord will just leave me out of the lease. What are my options? If this gets taken to court, what chance do I have, given the circumstances I've described? Can they really try to force me to stay with the situation there being what it is? Can I be forced to stay in a situation that is detrimental to my life?

I'd really appreciate some help. I am trying to work with them to just let me go without a fight, but I have a feeling they won't let me do that. But I can't stay in a place that scares me and where I'm unable to live in peace. Thanks in advance.

I forgot to include that I reside in Florida. Thanks in advance for any advice anyone can provide!

Okay, after reading through more of this forum, I understand that fear for one's safety is not sufficient. That's fine. But what about not being able to get a night's sleep? This *literally* goes on at least five nights a week. I go to work exhausted. I am a teacher and this affects me and my job performance. And it has only gotten worse. The LL has supposedly warned these people but after three months have not followed through. The cops have been called dozens upon dozens of times in the past three months on these people. What can I do? Don't I have a right to live in some amount of peace and comfort?

And I absolutely did my "due diligence" in choosing this place. I checked crime rates, etc. I specifically asked pointed questions of my LL and property manager before even looking at a lease about noise level, crime, etc. I don't know what else I could have done. But this is affecting me in a SERIOUS way. Getting little sleep, the stress and exhaustion, etc.

Continue to call the police, of course. Make a log of each report or disturbance, attach copies of all the police reports, and send it to management. Demand that they either take action against these people or allow you to break your lease without penalty since these people are disturbing your right for the peaceful enjoyment of your unit. Demand a reply within 30 days. Keep copies of everything, and send it to the LL by certified mail, return receipt requested.

Thanks so much. What can I expect the LL to actually do? Supposedly these people have been given warnings, but it has only gotten worse. Should I be expecting that they will be evicted?

I have been complaining about these people for three solid months. I have put my complaints in writing and kept a copy. I will also be getting copies from the police of all the times they have been out here in the past three months - it will be ungodly numerous. Do I have to actually specify 30 days for them to do something? I put my complaint in writing almost a month ago and asked them to do something about it, though I didn't give an expectation of how much time.

Also, when the police come out, sometimes they find the people outside making noise, but more often the people see or hear the police coming and act calm. Usually, a few minutes after the police leave, they start up again. When this happens, I often end up calling the cops multiple times, but the pattern continues. How do I prove this has been an issue if the police don't often catch them "in the act," so to speak? Do I really have to go buy a video camera or something to prove this???

You have been doing a good job of documenting this issue. I would count 30 days from when you sent the letter. If it occurs again after that, send a letter threatening to break your lease if they don't get rid of these people. The LL should evict the troubling tenants, yes.

I wouldn't go buy a video camera, but can you hold the phone out for the police dispatcher to hear when you call and explain that the residents can see when the police are coming? They need to know that these people can see them as they approach.

Okay, since I wrote last: I have written at least four letters now documenting issues here. I also have a video camera and have captured video and audio of disturbances here.

However, I got a letter yesterday from the property manager. She claims that she has been "in the area" when disturbances have happened and "seen nothing," and she claims to have gotten someone to do some evening security in the area. I have seen no evidence of this. She is saying we will be held to the least and if we leave we still have to pay.

What do I do about this?

I have VIDEO and AUDIO of disturbances here. I don't know what her "security" person, if there really is one, is looking for. Actual outbreaks of violence or something? Last night, AFTER I received her letter, I video tapes a bunch of people hanging out directly behind my unit, keeping me awake, and I videotaped someone parking their car right in front of my unit, blasting their music so loud it rattled by walls (you can clearly hear it rattling my door and windows in the video).

I can't continue to be kept up at night by these people - it's almost every night. What do I do? The landlord claims to be taking measures, but based on how much I'm still being disturbed, which is documented on video, any measures she's taken have done nothing. How do I fight this???

Please help.

Male a copy of these tapes, and get copies of all the police reports. Send this package to the management by certified mail, return receipt requested, and keep copies. Demand that something be done or you will break your lease and take them to court for violating your right to the peaceful enjoyment of your residence. They cannot ignore repeated disturbance calls and complaints. No judge would hold you responsible after you show the copies of police reports and the videos in court. Give them one last chance demanding that this behavior stop or you will terminate based on their negligence of this matter. Then, when it next occurs, get a police report of that call and send a notice to the management (certified again) that you are terminating based on their repeated negligence to handle this problem. Send them a copy of the latest police report with the letter. Keep copies of everything in case they sue you.