What if another tenant is disturbing your quiet enjoyment?
Typically, this happens when a neighboring tenant does something such as frequently play their stereo too loud. If you are faced with this type of situation, you should tell the landlord about the problem orally and in writing (keep a copy of the letter you send) and ask that he or she do something to stop it. If the landlord fails to resolve the problem, you may want to break your lease and move.
If the landlord then sues you for breaking the lease, go to the hearing and explain why you moved. Give the District Justice a copy of any letter you sent to the landlord. It is also helpful to bring someone who witnessed the problems you faced to the hearing to explain the situation to the District Justice.
Finally, tell the District Justice that the landlord's failure to do anything to stop the disturbances violated the covenant of quiet enjoyment and, therefore, you had a right to cancel the lease and move. However, there is no guarantee the District Justice will accept your defense. Each case is decided on the facts the District Justice thinks are important. If the District Justice finds the facts do not prove the covenant of quiet enjoyment was broken by the landlord, you may end up owing the landlord money for breaking the lease.
