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noisy neighbors

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verysleepy

Junior Member
What is the name of your state?What is the name of your state? New York

I have rented a basement apt in a private house in NYC for the past 2 1/2 years. No lease, no rent receipts and landlord only takes cash. I have been a good tenant, as i pay my rent on-time, make my own minor repairs, do upkeep, etc.

Two months ago, new tenants moved in upstairs, occupying the upper 2 floors. The first floor was fully carpeted; however, they tore it all up and installed a new wood floor.

Since then the noise is unbearable. As the couple keeps different hours, and apparently do not want to wake their mates, they come downstairs and i suffer for it. Witht he wood floor, you can hear everything, and to make matters worse, they have a metal spiral staircase which echos through my apartment. I have been wearing earplugs with the highest noise reduction rating, but you can still hear it. One keeps me up from about 12-2am, and the other gets almost 2 hours before I have to, between 6 & 7am. I'm LUCKY if i can get 5 1/2 hours sleep most nights. I had recorded some of the sounds in apartment as proof.

When i complained to the landlord on rent day this month that they need to put back carpeting, at least above my bedroom, she was hesitant, even though she CLAIMS that they told her (prior to moving in), that they were only going to CHANGE the carpeting.

I do not want to move, as i otherwise like my apartment and the neighborhood. However, I cannot go on with this sleep pattern, as it effects my ability to work/function properly. So what do i do...write a letter of intent, holdback rent and let her take me to court, take her to court...HELP!

NOTE: I had recorded my last conversation with her as proof that I did complain, and that I do indeed pay rent.
 


You Are Guilty

Senior Member
Unless its in their written lease that they have to have carpeting over any of their floors, you're out of luck, legally. You can try to sue them for a violation of the NYC Noise Code (NYC Admin Code 24-218, 24-243) without a lease provision requiring carpeting, but you'd likely need an acoustical expert to testify to proof the claim.

Otherwise, you will be forced to resort to nicely asking the neighbors to put down rugs or something similar. And they you can break out the Louisville Slugger if they continue to resist your requests to keep it down.
 

verysleepy

Junior Member
Thanx : (

Actually, I had gone to the neighbors first and tried to appeal to their sympathies--they obviously don't give a rat's rear-end though.

Thanks anyway
 

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