Living situation (noise, etc)

[Denchi]

So I moved into a place a little over a month ago. Was promised free A/C, and we (the two roommates and I) were drilled about our employment to ensure that we were gainfully employed and responsible. It's a nicer neighborhood, and we're surrounded by large mansions. The mansion we live in has been split into a tri-plex. The landlord (an old lady) lives downstairs, which is the largest portion of the mansion and more like a house. We live in the second floor, which is a 3 bedrooom place. Then there's a single place upstairs. Upstairs for the first two weeks was a nice lady named Bonnie, who was also employed, and respectful, and nice. I helped her wipe her hard drive, we invited her to our place to hang, she was sweet. Then she moved out, and the landlady's son moves in upstairs. A 27 year old who is recently unemployed.

Anyways, so the current situation is that he's loud as fuck. He put in a huge sound system, plays it 24/7, and has his friends over all the time. Like tonight, he threw a party. I have to be up at 730am for work but I can't sleep because of all their noise. This has already happened once where I had to go tell him to shut up, and he was cool about it. But, obviously it didn't sink in. Also, we have a porch. We were told it was our porch, but apparently there's a hidden door so he can access it from upstairs (he comes downstairs to the porch). So they're hanging out there too. There's also a window to our bathroom right there on the porch which is the only vent. He's also a chain smoker, so if that vent is ever open (which sometimes it needs to be) I get awesome smoke all in our place.

We were also told we got free A/C. We recently had a hot week and no A/C was to be found. We were told it was turned on, but it didn't make a difference. All the posters/frames in my room fell off while I was at work because it was so hot. They broke.

Anyways, I guess the point of this isn't to bitch, it's to wonder what the diplomatic way of dealing with this is. I've already told the guy to shut the fuck up, and that I can hear him. The landlady already knows we're unhappy with the A/C, but there isn't a solution on the way, and this place (while a very nice space) sucks my ass. It doesn't feel like home, it's a hassle and a half, and I want out. The roommates seem disappointed as well, but we've all been so busy (and lacking sleep) that we haven't had a ton of time to touch base on all of this.

Do I have a right to move out and break the lease if I feel like I was misled about the place? The A/C, the porch, and the noise.

[Byrthnoth]

As long as you don't mind chilly relationships with the other tenants, you're free to attempt legal action.

If you're somehow associated with a university, generally they will have some kind of an advisement service that is very well informed about the tenant laws for the city. They'd be able to tell you exactly how to proceed.

[miokomioko]

You have every legal right to break the lease without fees if the landlord promised something in writing and won't carry through on it. Read your entire rental agreement in full and highlight anything that your landlord is potentially violating. Even if it's something tiny like promises of fixing appliances/plumbing/etc. within X amount of hours. Lastly, you can straight up tell her you want to break the lease immediately because of her son's disruptive behavior keeping you up all night and invading what was told to be a private porch with cigarette smoke, blah blah blah. She'll probably choose family over business and let you out because I'm sure she's aware of what a piece of shit her own son is.

[Skyylya]

generally speaking you can't just break the lease because it isn't done. You have to request in writing with a deadline that the landlord take care of it and provide them at least I believe it's 7 days to comply in most cases. If in the first request it is not fixed, you can issue a 2nd written request to fix the issues. If after the second request nothing has still been done to fix the issues you have a legal right to break the lease without being in consequence yourself.

Every lease is different so definitely check yours for specifics. But most problems there has to be a pattern of written request and neglect on the landlords part for you to not be responsible for any penalties when breaking a lease.

[*Shinzon*]

If it was given to you in writing, simply approach the landlord and demand what was promised. Use the threat of breaking the lease or taking legal action and that should get you started.

[Cream Soda]

If the AC thing isn't in the lease, it's basically a your word vs hers scenario, so if you didn't get that in writing, good luck.

[Norellicus]

Others have already touched on the A/C bit, so I'll leave it, but on the other two points...

Porch: This probably needs to be established one way or another with the landlady. If it's your porch, the twerp is trespassing to come out and smoke on it. Also, what does the lease say about smoking? Usually there's a minimum distance you're supposed to stay away from the residence, and most places with balconies are specific to state that being on the balcony is PART OF THE RESIDENCE and can not be used as a smoking area.

Noise: Again, check your lease; if there's a clause for it, you have grounds to stand on. Even if there isn't, many local laws include a section on noise violations, so check the details and see how far you can get on that avenue if necessary.

[Jb1210a]

The advice given thus far in this thread is very sound and gives you an idea of what you should / shouldn't do. Landlord/Tenant law varies from state to state however, in most states it takes major legal action to evict a tenant and most times isn't worth the trouble to the landlord. The point of this is, most states have laws that are very pro-tenant, I'm not familiar with Minnesota (if you still live there) but I'd assume that the laws there are also very pro-tenant considering Minnesota has it's share of cold weather. More to the point, I'd follow Byrthnoth's advice and seek counsel on the particular laws that apply to your situation, knowing the most complete and up to date information on the local laws will enable you to act accordingly in what you decide to do.

After getting your bearings on the local laws, I'd speak with your landlady (if she seems reasonable) and see if there's a chance you can settle this without legal action or threat of breaking the lease. Especially since you stated the place doesn't feel like home.