Can I ask to be moved to another property under the same Management?
I moved to my apartment 1 month ago. Prior to moving, management gave me a tour and assured me it was a quiet community. My first night I heard screaming and someone banging on the wall below me. I ignored it the first night but it has happened every night since then. I spoke with the property manager about it and she told me she was aware of what was going on and told me the lady that lives below me is mentally retarded and has 24hr caregivers. She went on to tell me that she needed to speak with their lawyers concerning the situation because they cannot discriminate against her but at the same time I cannot be inconvenienced. She told me this 3 weeks ago and I have called several times and she keeps telling me that she has not heard back from their lawyer. What should I do? Can I ask to be moved to another property under the same Management? It is also not a safe and clean environment.
Answer
You can always ask your landlord to be moved elsewhere. If you both agree, then it is resolved. However with your case, it seems like the landlord could be in breach of providing quiet enjoyment of your property. Furthermore, the woman below you, whoever signed her lease must prevent from interferring with other tenants' rights of quiet enjoyment.
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