Full question:
I signed a year lease on a rental home in June. There is a train crossing a mile away. Since we are up on a hill the trains whistle can be heard at all hours of the night. As a light sleeper the noise is unbearable and has effected my ability to get a good nights rest. I am moving - signed a new lease - and am now on the hook for 2 leases until the landlord finds a suitable tenant. He seemed to be dragging his feet. Do I have any legal grounds for breaking my lease. I live in Boulder, Colorado.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Colorado
Answer:
If you have a lease, check the terms for early termination options. If your lease doesn’t allow for early termination, you may still be responsible for the rent until the lease ends unless you can prove the landlord breached the lease. Landlords are required to try to re-rent the property to mitigate damages, which means they must make reasonable efforts to find a new tenant.
Noise from nearby train tracks is usually not the landlord's responsibility, as they cannot control external noise levels. Local ordinances typically regulate noise. However, if the landlord misled you about the noise—such as falsely claiming the train tracks were no longer in use—you might have grounds to rescind the lease due to fraud.
Additionally, landlords must maintain a warranty of habitability, ensuring the property is safe and suitable for living. This warranty protects against conditions that significantly affect health and safety. However, it does not guarantee freedom from all risks. A property can be habitable and still have some noise issues.
In summary, unless the noise constitutes a breach of the warranty of habitability or the landlord has been deceptive, you may not have legal grounds to break your lease. If you need further assistance, consider consulting a legal professional.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.