I have a question regarding lease termination. I have a new neighbor who moved in downstairs about 3-6 months ago. They have been playing loud music every night and also I have been awakened at 8:00 AM with loud music. I complained to management, who sent the courtesy officer to have them turn it down. The neighbors then came up to my apartment harrassing me and threatening me. I do not know who informed them of where the complaint came from. With each complaint the same thing occurs. The final straw occurred with the last complaint 2 days ago. The neighbor came to my door banging, cursing and threatening me for 2 days. I reported this to management on 01.07.07 along with documentation requesting consideration to have my lease terminated. I have not heard anything from management. I have not stayed in the apartment since the last occurrence. I am very frieghtened and feel as though I am living in a very hostile living environment. My lease ends 04.14.07. My question: If I complete a legal termination of lease and have my attorney review it, do I have a legal right to terminate my lease without penalty and receiving my security deposit.
Thank you.

I don’t know how many police reports you have, but if you are going to claim that you have a breach of the covenant of quiet enjoyment you must have proof that it has indeed occurred and not just once but on a continued bases. You must have notified your landlord in writing and given her enough time to act your complaints. Thirdly, you must vacate the unit and be able to prove that the breach was so great that it qualified as a constructive eviction. Either way, this will be a court issue for a Judge to decide. Another landlord would have collected the police reports and evicted the either tenants. You have keep on calling the police and continue to let the landlord know what is happening. If the tenant threatens you then call the police again and file charges.