Top element stays on?

I just moved into an apartment and when I went to use the oven, I found that no matter what the temperature setting was for baking, the top element always came on, burning the food I was baking. It does go off when I turn the dial off but is on when the dial is a broil as well as temperatures warm-500. The bottom element seems to work intermitently. Is it possible to remove the top element and run the oven with it out?