Is this a good idea?

[mjones]

I live in Virginia and I recently moved into a apartment that I thought was safe, But I was so wrong. I even visited the apartment complex at night like they say you should. But now that I've been here for almost a month I'm soooo ready to leave. When I get home most of the time men are sitting on the steps by my door. I live in a building with three other apartments and it seems as if at least one of them are always playing music if not more very loudly!!! It also be groups of men standing around outside at all times of the night. I'm fed up and just can't live under these conditions. I was on the internet researching about breaking the lease and came across a publishing about who woman who had a very similar situation and it said that she wrote a letter to the management company complaining and got it certified mailed to them. Then she waited 30 days to give them a chance to correct the problem(which they didn't). She then gave the management company another letter(certified mailed) stating she was giving notice to terminate for they had failed to correct the problem and moved. Then the management company tried to sue but when they went to court she showed up in court with a copy of the letters along with a police report of incidences at the apartments in the last 24 months. She prevailed in court for the judge stated that if she was in fear of her safety, she was not required to stay at the apartment complex. I have the report of 911 calls which have 400 calls since 6/9/2007 made from this complex and could easily get statements from several people who have come to visit me. I really want to get out of here and would be willing to try this same process but I'm not sure. Is this a good idea? What do you think my chances are of winning ? Do you think I would need a lawyer ? PLEASE HELP ME !!!

[OHlandlord]

OK, there is a method of breaking your lease legally. However, just having 911 calls to an apartment complex is not enough to do it. (If it was, every resident of any complex could break their lease.) First, you need to complain to the management (by letter sent certified mail, return receipt requested, keep a copy for yourself) about the problems. Cite the noise levels and give specific instances (dates, times, etc.). Tell management that this is violating your right to peaceful enjoyment of your unit. Let them know that people are loitering on the stairs at all hours. Ask management to contact you within 10 days to let you know what action they intend to take.

In the meanwhile, start calling the police each time the noise is excessive. Get copies of the reports of those specific calls (general calls to 911 cannot be used in court, unless they affect you directly). See what response you get from that, then repost here for the next steps. The case you cite is a specific case and is not the norm. The woman in that case was very lucky to get a sympathetic judge. Most judges will not allow you to break a lease over a perceived fear if you cannot demonstrate that one actually exists.

[mjones]

If I call the police how do I go about getting copies of the reports of those specific calls? And is it any other way I can go about doing this because I really didn't want to call the police because they all know each other and be at each other house(might be family/close friends). So I know if I call the police they will know its me the new one in the building; and the main one is the apartment across the hall that's full of men and I'm a female who lives by myself so I don't want to create a situation where I'm even more scared to come home.

[OHlandlord]

To get copies of a specific police incident, you can take the dates and the address to the police department and they will copy the reports for you. These are public information, and anyone can get copies of any report. They may charge you a minimal fee (like 10 cents a page) to copy them. Some police departments also have these available on-line.

Without police calls how could you prove they are disturbing the peace (and your peaceful enjoyment)? You will be unable to break your lease if you cannot prove disturbances. And if you write the LL, they will still know that it was you. Who else would write to the LL about the noise levels? If you want to be able to break your lease, you have little choice but for them to know you are complaining about them.

Have you tried to nicely ask the other residents to keep their music down? Perhaps they are unaware of the disturbances and would turn it down after a certain time for you? At the same time you could mention that it is difficult to get into your apartment when they block the stairs. Could they please move when you come home to let you in?

Were none of these people sitting outside when you visited at night? How many times did you visit the unit before you rented? Next time, you should check the unit out carefully and ask many questions of the LL before you sign. Good luck.