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  1. #1
    goroman is offline Junior Member
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    Lease Agreement / Air Conditioner

    What is the name of your state (only U.S. law)? NJ


    I live in apartment complex. Upon renting the apartment and signing a lease, it clearly stated that no window air conditioners allowed. I also signed separate policy paperwork where it says no window air conditioners allowed. I was also told that we can only install window fans but no air conditioners. Now every apartment has wall built in air conditioner that can cool off the apartment.

    Several weeks ago everybody received note that now they allow window air conditioners. Since then my neighbors downstairs run window air conditioner all night long every single night. And because of poor construction, I can hear it as a helicopter every night(my floor even shakes) and I'm having trouble going to sleep. I spoke to neighbors, they don't care.

    So I wrote a letter to administration regarding this issue, and that I signed lease where no window air conditioners allowed. I also asked them to make a rule not allowing window air conditioners after 11PM. They called me next day and said that I just signed generic lease, and it doesn't matter much what it says in it, but they promised to see if they can do anything. After several days I wrote another letter explaining the situation and asking them to meet in person. I never heard any reply on it.

    What can I do in this situation? How can I legally fight it? So the lease that we sign, it doesn't mean anything?
    Last edited by goroman; 07-06-2011 at 08:52 PM.
  2. #2
    FarmerJ is online now Senior Member
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    generic lease excuse is weak , they gave you a lease and both you and LL are bound to its terms , the problem is that allowing window units even if you think it is disruptive is not a serious problem unlike say toilets not working, SO if its making too much noise the burden of proof that its noise is disruptive is on you. ( I would say managment may have gone that route as a way to not inc a/c units in future vacancys by slowly removing them from units and requiring new move ins who want them to buy own units)
  3. #3
    goroman is offline Junior Member
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    So what can I do?
  4. #4
    FarmerJ is online now Senior Member
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    if another tenants unit is excessive with noise complain to LL via certified mail.
  5. #5
    Searchertwin is offline Senior Member
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    Quote Originally Posted by goroman View Post
    What is the name of your state (only U.S. law)? NJ


    I live in apartment complex. Upon renting the apartment and signing a lease, it clearly stated that no window air conditioners allowed. I also signed separate policy paperwork where it says no window air conditioners allowed. I was also told that we can only install window fans but no air conditioners. Now every apartment has wall built in air conditioner that can cool off the apartment.

    Several weeks ago everybody received note that now they allow window air conditioners. Since then my neighbors downstairs run window air conditioner all night long every single night. And because of poor construction, I can hear it as a helicopter every night(my floor even shakes) and I'm having trouble going to sleep. I spoke to neighbors, they don't care.

    So I wrote a letter to administration regarding this issue, and that I signed lease where no window air conditioners allowed. I also asked them to make a rule not allowing window air conditioners after 11PM. They called me next day and said that I just signed generic lease, and it doesn't matter much what it says in it, but they promised to see if they can do anything. After several days I wrote another letter explaining the situation and asking them to meet in person. I never heard any reply on it.

    What can I do in this situation? How can I legally fight it? So the lease that we sign, it doesn't mean anything?
    Agree with Farmer, using a "generic lease" is a weak excuse.
    You demanding everyone to turn off ac after 11pm is being a little petty.

    Do you really blame neighbors ignoring your request?
    The only thing that you can do is like Farmer suggested, but I really don't see how that would help, except find a reason to get rid of a whiner.

    Can you legally fight it? You can legally do anything you want, but will you win is a different matter.
    On a lighter side, "It would be a cold day in xxx, to win."
  6. #6
    goroman is offline Junior Member
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    Quote Originally Posted by searchertwin View Post
    Agree with Farmer, using a "generic lease" is a weak excuse.
    You demanding everyone to turn off ac after 11pm is being a little petty.

    Do you really blame neighbors ignoring your request?
    The only thing that you can do is like Farmer suggested, but I really don't see how that would help, except find a reason to get rid of a whiner.

    Can you legally fight it? You can legally do anything you want, but will you win is a different matter.
    On a lighter side, "It would be a cold day in xxx, to win."
    No I'm not blaming neighbors. I'm blaming administration, they suddenly allowed AC without asking or discussing it with tenants. Neighbors do what administration allowed. And administration is irresponsible in this matter
  7. #7
    Searchertwin is offline Senior Member
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    Quote Originally Posted by goroman View Post
    No I'm not blaming neighbors. I'm blaming administration, they suddenly allowed AC without asking or discussing it with tenants. Neighbors do what administration allowed. And administration is irresponsible in this matter
    A LL does not and I repeat does not have to ask tenants permission to install anything that means improvement to the HIS PROPERTY.

    Do you ask permission or discuss to the LL about hanging up curtains? You do this to benefit yourself.
  8. #8
    goroman is offline Junior Member
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    Quote Originally Posted by searchertwin View Post
    A LL does not and I repeat does not have to ask tenants permission to install anything that means improvement to the HIS PROPERTY.

    Do you ask permission or discuss to the LL about hanging up curtains? You do this to benefit yourself.
    It's not just a landlord of one apartment, it's an apartment complex. I don't see any benefit for them to have air conditioners allowed.
    Curtains are not noisy and do not disturb anyone, so it's very off-topic comparison.
  9. #9
    BL
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    Quote Originally Posted by goroman View Post
    It's not just a landlord of one apartment, it's an apartment complex. I don't see any benefit for them to have air conditioners allowed.
    Curtains are not noisy and do not disturb anyone, so it's very off-topic comparison.
    Not to sound sarcastic , but do curtains keep the units cool in NJ ?

    Sometimes the heat is almost unbearable ,especially for older folks .

    There have been heat waves that have taken some lives .

    Some older A/C units are old an noisy .

    Ask to transfer units to a not so noisy neighbor's one .

    Leases say all kinds of things some managers ignore .

    It's not something a LL/Management could evict for .
  10. #10
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by BL View Post
    Not to sound sarcastic , but do curtains keep the units cool in NJ ?

    Sometimes the heat is almost unbearable ,especially for older folks .

    There have been heat waves that have taken some lives .

    Some older A/C units are old an noisy .

    Ask to transfer units to a not so noisy neighbor's one .

    Leases say all kinds of things some managers ignore .

    It's not something a LL/Management could evict for .
    Heavy heat blocking curtains are VERY beneficial in keeping units cool. Especially in older homes with single pane windows. I advise all my tenants to purchase them as it also reduces the amount of time the A/C unit runs, thus lowering their electric bill.
  11. #11
    BL
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    Quote Originally Posted by Who's Liable? View Post
    Heavy heat blocking curtains are VERY beneficial in keeping units cool. Especially in older homes with single pane windows. I advise all my tenants to purchase them as it also reduces the amount of time the A/C unit runs, thus lowering their electric bill.
    Understandably so .

    I was however referring to the poster's statement here.

    .I don't see any benefit for them to have air conditioners allowed.
    Curtains are not noisy and do not disturb anyone, so it's very off-topic comparison.
  12. #12
    goroman is offline Junior Member
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    Thanks to all for the reply. But you all are missing one point. EACH APARTMENT HAS ALREADY BUILT IN AIR CONDITIONER. The problem is window air conditioners running all night long because some spoiled neighbors as they say "cannot sleep without both ACs". Really? How come I sleep without any AC and I'm not melted?
    I wrote one more letter to administration saying that if the problem is not resolved I will leave the apartment.

    And another thing....So the lease that I signed, it doesn't have any legal power? I went through it once again, it also says satellite dishes, pets, barbecuing are not allowed. But people have satellite dishes and pets, and they barbecue. So if the lease doesn't have any legal power, what is the point of signing it if everything's allowed....? So if I buy drumset and play all night long, that would be for my benefit just like curtains. So based on the lease nobody will have a right to complain that I play drums.
  13. #13
    FarmerJ is online now Senior Member
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    G so you know about sat , dishes. FCC wrote some rulings while back that in short say a LL cannot bar them from being installed , that a LL can state where they cannot be placed if a suitable location can be found that still provides signal , theres still some hassles that tenants have re sat dish installs but its not as common. bbqs ??? hard to say. but even with wall units fair odds are Im guessing the LL is going to stop inc them in leases , its something to that they wont have to fix anymore. Btw , this is one of them things where you will have to figure out a pick n choose your battle for.
    Last edited by FarmerJ; 07-10-2011 at 05:49 PM. Reason: btw
  14. #14
    goroman is offline Junior Member
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    Quote Originally Posted by FarmerJ View Post
    G so you know about sat , dishes. FCC wrote some rulings while back that in short say a LL cannot bar them from being installed , that a LL can state where they cannot be placed if a suitable location can be found that still provides signal , theres still some hassles that tenants have re sat dish installs but its not as common. bbqs ??? hard to say. but even with wall units fair odds are Im guessing the LL is going to stop inc them in leases , its something to that they wont have to fix anymore. Btw , this is one of them things where you will have to figure out a pick n choose your battle for.
    So you are saying that lease doesn't have any legal power...?
  15. #15
    BL
    BL is offline Senior Member
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    I think what folks are trying to get across is that these lease clauses the management is letting slide or changing are not habitual code violation that would cause an inhabitable situation ,thus if you were just to leave ,the court might side with the owner/management that you broke the lease .

    You did not even ask if you could transfer units away from the neighbor with the noisy A/C .

    A tenant should always try to approach the LL/Management to find a solution before flying off the handle.

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