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Break lease because of noise from fraternity

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stridder

Junior Member
Hello,
I recently moved and didn't realise that there is a fraternity right in front of the house (it was summer and there was nobody in this fraternity and totally quite when I was signing the lease). I rent from rental agency and nobody from the agency told me that there is a fraternity nearby.
Of course they are playing music loud and there are lots of their cars right in front of my house (they own the land up until the wall of my house). I don't want to call police each time they make a party, as it is not going to resolve the issue may be just for 30 minutes.

I would like to break the lease basing on excessive noise. Is it possible to do in South Carolina?
I am thinking of health regulations, but don't know where to look.
Is there a noise limit measured exceeding which I could show that the apartment is inhabitable?
It would make my dialog with property manager much easier. Or if not I am ready to go to a court, but need to know which law I can refer too.
I am in South Carolina.
Thank you very much for any advise, I really need help!
 


FarmerJ

Senior Member
I honestly do not believe you have any easy / penalty free recourse , the rental agency you used to find this place had no obligation to tell you how any other properties in that immediate area were being used. ( if you rented knowing this was very close to a college or university its too bad you did not ask more questions or do more research before signing a lease. Even if you did call the police every time noise became out of control especially in the later evenings ( late nights are likely the only time the police would respond anyway.) If you find that you cannot tolerate living there then Your best bet may be to go right to the landlord and tell them you are going to have to breach your lease and would like to offer them 2 months of rent as a penalty to have your lease terminated early with no penalty to you. If this property is that close to a college /university it may not be that hard for the LL to find another tenant.
 

stridder

Junior Member
Thank you for reply! Yeah, I don't expect it to be easy. But I hope there exists some health/safety/noise regulations I could use.
At least the Tenant/landlord act says that landlord must maintain healthy conditions.
I am going to talk to the property manager, but whenever I call she is never in the office so its not that easy to catch her.
How well do you know the SC law, are you a lawyer?
Just to determine how bad my situation is.
 

Silverplum

Senior Member
Thank you for reply! Yeah, I don't expect it to be easy. But I hope there exists some health/safety/noise regulations I could use.
At least the Tenant/landlord act says that landlord must maintain healthy conditions.
I am going to talk to the property manager, but whenever I call she is never in the office so its not that easy to catch her.
How well do you know the SC law, are you a lawyer?
Just to determine how bad my situation is.

What are the health problems you have developed?

What are the safety problems you have found?

Landlord/Tenant law in your state: http://www.scstatehouse.gov/code/t27c040.php
 

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