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She Swears the Noise Made Her Move

Proving the need to break a lease in small claims court

 

 


I have a tenant that has broken her lease by moving out of the condo. She complained that the upstairs tenant was making too much noise while entertaining a female guest. My former tenant says she couldn't get any sleep and had to get a doctor to put her on sleeping pills. According to the tenant upstairs, he and any guests went as far as to take off their shoes when they entered the unit so as not to disturb the tenant in my condo. I instructed the tenant to call the police if the fellow upstairs was really making that much noise. On one occasion, she did, but the police drove by the unit and didn't hear any noise, so drove on. The tenant informed me that she was buying a house and was moving out.

Because the lease agreement stated that the security deposit would only be returned if the tenant didn't default on the lease, I have not returned the security deposit. I have informed the tenant that the security deposit would be returned once rent is paid to fulfill the term of the lease.

She has since filed a claim in small claims court for the security deposit plus moving expenses. I have countersued for the unpaid rental, commission charge for finding a new tenant and the make ready. Who is in the right?


To be fair, I couldn't fairly tell you who is right unless I heard the other side with my own ears. This is the very essence of judgishness, which you should find put to the test when you appear in small claims.

Here's where you are pinned: If you can prove to the judge that the "too much noise" was just an excuse to get out of the lease, you may win. On the other hand, the tenant might be able to muster evidence that a rumble the size of a California earthquake shook the condo every time the upstairs neighbor traipsed across the floor.

My advice: Get your evidence in order. And cross your fingers. British ColumbiaAlbertaSaskatchewanManitobaYukonNorthwest TerritoriesNunavutOntarioNova ScotiaPEIQuebecNew FoundlandNew Brunswick

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