Breaking Lease Due to Noise Problems

By anonymous

The Metro Apartments, Denver, CO

We have lived here since January 2013 and our lease us up in January 2014. The complex is very noisy and most of the tenants are college students who like to party at all hours of the day and night. To make matters worse, we got a new upstairs neighbor a couple of months ago who seems to never leave their apartment. They are always stomping and thumping around at all hours of the day and night.  We’ve had issues during normal daytime hours and in the middle of the night with them.  We have called and sent emails several times to complain but the problem hasn’t gotten any better.  My husband works the night shift and he needs to sleep during the day.  I work from home so I’ve had issues with noise when I’ve been on the phone.  It is affecting both of our jobs and our sleep.  We live on the 1^st floor and our bedroom windows face the street and sidewalk.  We’ve had people bang on our bedroom windows several times between 2-3am when people are coming home from the bars.  We’ve also had a couple of people jump over the fenced in area of our patio and try to get into our apartment thinking that someone else lived here.  We need to move BADLY and want to find out if there is any way for us to get out of paying our early termination fee if we decide to break our lease.  We don’t have a “quiet enjoyment” clause in our lease but with the price we are paying for rent, I would think that we should be able to enjoy peace and quiet.  We did read that quiet enjoyment is part of Colorado common law.  Is there anything we can do?

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Holy Cow, we couldn't find any other related post. Sorry. :(