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Tenant is breaking lease because of loud shower

I have a tenant who is binded by a lease agreement until July 30, 2013.  She has complained about the apartment above her's shower being too loud when they shower early in the morning.  There is not much we can do, we have tried to adjust the tub, which she claims worked temporarliy.  She is giving me only 10 days notice that she is moving, she has not paid January's rent and she demands full refund of her security deposit.    Can she legally just move?  Or can I sew her for the rent until i can obtain a new tenant?  She thinks that she has a legal right to leave and will proceed in court as well.  I had informed her that she can not just move out and we will proceed in court.  thanks for any information you can provide!

There is no such thing as “They (tenant) can not just leave whenever they want.” It’s done all the time. Just read the many posts here…… You have 3 options. (1) You could serve a Notice to Pay or Quit. If she doesn’t pay and moves, the lease is nullified and you can only collect Jan rent. (2) Allow her to leave and take her to Court. Her complaint has no bases. You can then sue her for unpaid rent, rent until you find a new tenant and possibly expenses for finding a new tenant and damages that her sec.dpst doesn’t cover…… The problem with #2, you have to collect the $$$$. No guarantees. (3) Talk with both tenants and see what each is willing to do, such as change shower time.  -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data
They cannot just leave whenever they want.  However, it sounds like she is being difficult.  Do you really want someone who is "difficult" to hang around?  When she moves out, you can return her security deposit less rent for January, less time required to find a new tenant.  If you can get it rented by February, then you only need to take out for January rent and return the rest.
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