Wednesday, August 10, 2011
Covenant of Quiet Enjoyment?
Can I vacate the premises of where I live and break the lease with my landlord (who is also my roommate) for breaching the implied covenant of quiet enjoyment? During my finals week in december she had her dog here barking incessantly as it was locked up in the laundry room. IT smelled awful because it pees everywhere. not only that, but i had the air on the other day for the first time in ages. and she complained. she told me not ot have it on if it was cold outside (it was 68). I happened to be hot that day. so I put it on. i got upset with her and got a bit verbal. So ever since then shes left our front door unlocked twice. she also slams doors, doesn't try to be quiet when she comes home. she also confronted me again for no reason and also set a friend of hers on me right after to confront me. It is becoming unbearable to live here with her because i cant even go out and cook when shes there because ill get confronted. Is this sufficient to breach my covenant of quiet enjoyment?? not to mention that apartment complex here is so loud. I can hear everything. I can even hear a moth fart in the next room. people walking sounds like stampedes. and I have mold in the ceiling at the top of my shower. I told her about it and showed her. and she told me to call the front. Isn't it her responsibility to fix it? not me? not to mention i couldn't use my shower for about 3 days once because the people below had to get a drip in their ceiling fixed. she allowed me to use her shower. (she wasnt home) and when i went in there i saw a palmetto in her sink. so i couldnt shower. it grossed me out.
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