"Quiet enjoyment" does not mean what you think it means, in legal terms. Check online for the proper definition of the term. Meanwhile, learn your local noise ordinances. If the neighbors violate same, involve the police.
Have you called the police? You'll need a police report stating they actually violated a noise statute of some kind.
Noise from overhead neighbors is a fact of apartment life and is something you cannot get away from.
If the noise is very loud late at night (most places, it's after 10 p.m. but you have to check the ordinances in your area), call the police. Management cannot control how people move about in their apartment.
Short of that, ask if management will release you from your lease without penalty. If so, get it in writing and move. I would strongly suggest you either rent a house or an upstairs apartment.
start calling police to come out,it might help to get documentation that way as well to help your fighting battle, ask to transfer to another unit perhaps,call corporate office for who owns your complex, don't deal with ding dong's in office go above them and make some noise, email corporate for your complex, manager in office tell her you want to talk to her or his boss,everybody has a boss or who they report too,call them next......
It kind of depends on the laws of the state and exactly how quiet enjoyment is interpreted in the local courts. See a local tenant/landlord attorney before doing anything. Suggest reading the information at the link below. Should it go to court, there are rules regarding the type of evidence allowed, so you'd want to document the noise situation in a way that would be admissible in court. It sounds like you have had oral communication and sent e mails to the manager and as if you have not documented the situation by calling the police about the disturbance. A certified letter might be a better way to communicate the situation to the manager. Police reports would document the situation.
learn your local laws as here, u got no legal reason
to break lease.
learn the laws b4 u get yourself burned
Shouldn't be too much of a problem but if they decided to take you to small claims courtover breaking the lease (which they could ) if you take all your proof you would win out. Make sure you have video evidence of live action noise, film the date and time on the tv so no one can dispute that it was filmed while you were living in the apartment. If you really wanted to you could get a noise deducible meter , if sound is over a certain deducible it is noise pollution and you can call the police.
Good luck, i used to have the same issue.
We have gone to our property manager around 15 times this month, be it going in, calling or emailing about our upstairs neighbors. I have it all written down. Nothing has been done about the noise. With work, school FT and 3 small kids, this is insane. Nobody would like with the amount of noise we have to put up with at all hours. We have told them, they are in violation of our lease for not withholding their end for quiet enjoyment. She just shrugged. My question, would it be fairly easy to get out of our lease for lack of quiet enjoyment? It is VERY VERY bad. Like I said, I have documented almost everything.
