Can I break lease due to problem neighbours?

M

Mika

Guest
My mother is a pensioner living alone in a privatley rented apartment. She is 5 months into a 12 month lease.
Two weeks ago, new neighbours moved in across the hall and since then there has been regular parties and people coming and going at all hours of the night. They are young lads and seem to sleep all day and make noise all night.
After the first party, she knocked on the door the following morning and told them how she had been kept awake all night. They seemed to be genuinely apologetic so it was left at that. A few days later the same happened again with people still pouring out of the place at 8am.
She called the landlord to complain to him and he said he would speak to tenants. Things have not improved and out of the last 4 nights there have been parties 3 times. The management company have said they will now speak to the tenants about this and see where things go from there. These lads are on rent allowance and appear not to care about the disruption to others.
What I am trying to find out is, if she were to terminate her lease by giving them 28 days notice, would she get her deposit back? Would she be liable for the remaining 7 months rent? She has been happy in the apartment and would otherwise stay.
I know it shouldnt come to this but she is at her wits end and getting no sleep at all. She is also worried about her security with all of these characters coming and going during the night and feels she would be best off out of the place. Any advice?
 
She has 2 options:

1) Break the lease and be liable for the remaining rent and forfeiting her deposit
2) Ask the LL to let her sublet the lease and if he/she refuses then she is entitled to give a months notice and receive her deposit back.

I know noisy neighbours are a pain but I would persevere with the complaints - although the Gardai cannot do anything they sometimes pay a courtesy visit to the apt and this could sort out the problem
 
I would contact her landlord its his property and he is responsible for its up keep and to provide a save secure dwelling. If you ask him to intervene to sort it out, cant see him refussing as its in his interest too. And if he cant then leave, the contract lease in Null in my book. You need to ask some one in the Rental business, ring a broker!
 
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