Considering suing the landlord

[wknight10]

Unfortunately I have to take legal actions against landlord. In nutshell the situation is this: I live in high-rise apartment building in Hudson county, NJ the problem with the tenant who lives above me and makes all kind of excessive and unreasonable noise in the middle of night. After numerous complaints to the landlord and 5 months of letter writing nothing substantial was done. Then the landlord sent the tenant the cease letter and the tenant put an area rug in the bedroom and the living room. Still the noise level remained the same during the night and probably got worse.
My most important decision here do I have a good case against the landlord ? If the answer is no, then I'll just drop the case against landlord.
If the answer is yes then I'm going to sue for damages and the noise to stop in small claims court or special civil part of it. My other questions are:
1 What can I sue the landlord for: breach of habitability or noise nuisance or breach of local ordinance.
2 Would be best to name landlord (or building manager personally ) and the tenant who creates the noise the defendants in this case. I'm not trying to get legal counseling here, just your unbiased opinion.
Thank you in advance
Michael

 

[happy&lucky]

What is the source of the noise? Is it the tenant works second shift and comes home at midnight and stays up till 2 or 3 am before going to sleep?

Does he have a home business, that requires moving things? need to do work late at night?

or is he just a total inconsiderate jerk?

 

[jlw1000]

The landlord can not be held responsible for another tenant's actions. The landlord has sent the tenant a letter asking them to cease with the noise, he can not help that the tenant is inconsiderate. Your best bet, call the police everytime this tenant is noisy. Follow up your call with a letter to the landlord.

Sue the noisy tenant. Take all your documentation to court, the police reports & letters to landlord.