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Noisy Noisy Neighbors!!

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NYCBlues

Guest
What is the name of your state? New York, New York.

We moved into our new apt. this October. Since then the upstairs neighbors have succeeded in ruining our lives every day with their constant noise. The 3 to 4 children in the apt. above ours (along with various neighbors children) run with shoes on late into the night, hammer, play extremely loud techno music, drag and drop heavy furinture across the entire apartment, and have now since they recieved their 1st compaint notice from the landlord have taken to dribbling a ball in the house at all hours of the day and night! We can't sleep, eat, work, - do anything in our home because they are now intentionally causing this extreme noise. The ball bouncing is so loud I feel like I live underneath a basketball court.
Our landlord has sent them one letter, and is now sending them another letter - in reponse to our two letters describing how uninhabitable our apartment is due to their noise level. After another ruined weekend of living hell- my landlord has told us to try and talk to them again. They were belligerent and hostile when we tried to talk to them 2 times before and even she admits they are problem tenants and very hard to deal with- they obviously dont care and the noise is so constant that it really isnt feasible for us to constantly go up to their apt. I feel our landlord is on our side yet she has had problems with them for years and by telling us to go talk to them I dont think she's taking us seriously.
What are my rights and legal recourse so I can have a normal life and exercise my rights as a good considerate neighbor? Our landlord moved us in here knowing they were a problem and now I can barely function and I have nowhere else to go but my home. I wear headphones and earplugs but the apartment is constantly shaking. I've lived in apartments my whole life and am very reasonable - this would just be unbearable to anyone. Please help!
 


abezon

Senior Member
Your LL has a duty to preserve your right of quiet enjoyment in your apt. That means LL has to take all reasonable steps to get the neighbors to stop making noise, and evict them if they won't. Contact the local tenant's and Landlords' union and give your LL the information s/he needs to get these problem tenants out. If LL won't do so, inform Ll that your apt is uninhabitable due to noise and you consider LL to be in breach of the lease and will be moving if the situation is not fixed.

You have to make it obvious that LL can either evict the problem tenants or you'll leave & sue LL for breach.
 

FarmerJ

Senior Member
One simple way to get a record of it is to start calling the police after what ever the magic hour for disturbing the peace can be made and dont let up if its 10 pm to 7am in your city make the calls , get a report number for each call.
 
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aahlee

Guest
yes that is true 10:15 pm start calling the police and have them coe over and make a report...

after a couple of reports if the landlord fails to do anything you would have a right to break your lease without any penanlites...but you need a paper trail.


Now the bad news, why did you rent it in the first place...didnt you even ask if there were kids living upstairs over you, did you inspect the property and see how cheaply its made? we had a couple over us in Manhattan who had twins and nary a peep, but then we had plaster walls and a drop cieling and the building was 80 years old and solid.
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Our landlord moved us in here knowing they were a problem and now I can barely function and I have nowhere else to go but my home.
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how do you know that?
 

stephenk

Senior Member
every time they start making noise call the landlord, even if you have to wake him up at 3:00 a.m. he will soon get exhausted from you and those tenants. that may get him to start eviction process.

Are there any available apartments on an upper floor in your building?
 
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NYCBlues

Guest
A job opportunity arose with a very small time frame to find an apartment in NYC - one day. Believe me I would have investigated the apartment further if I could have but since we only had one day and limited funds - this was the only apt. in our price range that day and we had to go for it and catch our flight home. I really wish it could have been done differently but it wasn't in my control and that doesn't excuse what we're having to deal with now.
Our landlord told us these neighbors have been problem tenants for years and that she is already in the process of trying to get them evicted due to 2 additional reasons - installation of washer-dryer without permission, and welfare fraud.
 
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aahlee

Guest
is this an apartment building with 6 or more apartments? If so, do you have a rent stabilized lease?
 

abezon

Senior Member
Go to court and check to see if LL has filed an eviction suit against them yet. Until you see a court filing, assume that LL is just shining you on and is hoping the problem will resolve itself without her having to get involved.
 
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Aly

Guest
Dear NYC Blues

I symphatize with your problem because I sufer the same and also live in NY like you. Misery loves company so that's why I'm writing. Let's join forces to evict them and win the battle !!
I'll keep you posted and you do the same.
 

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