It’s called ‘constructive eviction’, when an apartment is unlivable due to any number of things.
And I’m sitting here thinking “give him a taste of his own medicine” but do it at 8 a.m. when they’re probably sleeping…
My daughter had an issue with cigarette smoke and mice. The apt management put out no smoking fliers and did nothing about the mice. The smoke problem continued so she moved. (They let her out of the lease)
Your daughter needs to document this, and then break her lease. She should absolutely call the police every single time, and document it, and get the police report. She should also notify the LL every single time, in writing. Then, if he hasn’t been able to do anything about it, she should notify the LL that she will be ending her lease early due to LL’s being unable to fulfill “peaceful enjoyment”. And then she should notify him of the date of departure, and that she wants her deposit back, too. She could speak with a housing lawyer about whether, under the circumstances (he cannot file eviction on her), she should notify him that she is moving out on X date, and that her deposit will be applied to the last month’s rent.
Rents have dropped 30% in Boston. There are no evictions. She can document the heck out of it, notify LL repeatedly, and move out.
I recently had a problem with someone in my coop building. I reported it to the management office. They originally wanted me to deal with the person directly. I said no. I told them it was their responsibility to make sure I was not harassed. I took pictures and recording as evidences. They took care of it because I was right.
I would have the landlord take care of the situation or let her off the lease and pay for her move. She has the right to “peaceful enjoyment of her apartment.” Why should she need to deal with filing complaints with police. She didn’t sign up for that.
Very unlikely that the landlord will “pay for her move”.
Your daughter needs to move to another unit within the building if a reasonable option is available.
Without documentation or other proof of noise violations, there is little that a landlord can do. Filing police reports will help if the complainant furnishes evidence of the problem.