Squeeky Floors + Construction

[Vycor]

NY State

So question. I recently started renting a nice apartment on the 2nd floor of the landlords dwelling, he lives downstairs. Before we moved in he made complaints that the last people were thrown out because they were noisy constantly always in/out, but they had no issues with another couple before them.

Our issue is this. We moved in, got settled. The landlords made some complaints about the TV in our living room being loud (their bedroom is below our living room). Its not that loud but i turned it down when he called me one night. Now he asked us today what we were doing last night because we were keeping them up. It was just me here. My office is on one side of the house (above their living room/kitchen) and my kitchen/living room is above their bedroom. Well i was going back/forth a few times for food/beverage about 11:30 at night, no big deal, I even tried to be quiet. I explained this to landlord and he was fine with that, he knows im trying my best to be quiet and its not my fault, its the construction of the house. Before we moved in he mentioned how the floors squeeked and he really wanted to fix it but maybe next year after we left. Well now he wants to fix it. We talked about possibly doing it when we were on our honeymoon but a big concern came up after me and my fiance talked. We just moved everything in, got new furniture/new everything. We don't want to have to clean up the place after they do construction. They may only do half the house, the kitchen/living room/entrance way, and leave the office/bedroom alone as thats not above their bedroom.

But what should I do here. What legal right do I have? Im all about working with landlord, some of my family says just move out but i like this place, they seem like nice people and im comfortable here, been here less then a month. Its a nice place and in a nice area, just, the landlord can't sleep due to floors. I also dont want to feel like a prisoner where I can't walk around my own apartment, I do pay rent afterall.

So any advice here? I want to stay on good terms with him, as thats just who I am, no reason to be at war I want to do the right thing for him as he does for us. Hes taken care of any issue we've had so far without delay.

Should I let them do construction, am i required to let them do construction (tearing up carpet, tearing up floor putting new floor/carpet down). Landlord stated he'd pay for any damages, but i'd get that in writing before anything is done.

I just want want to be put out nor come back from a honeymoon and have to clean/move. I also dont trust people in my apartment as i have lots of new electronics/appliances that I worry about.

Any advice both legal/and human being advice (i.e. what would you do) is appreciated.

 

[FarmerJ]

quieting squeeky flooring is not that hard to do it is not major construction , if its hard wood flooring it possibly can be done with long screws If its sound proofing with insulation its not likely they are gonna rip out flooring to add insulation when insulation can be blown in with less damage to the first floor unit than there would be to a second floor unit. Find on you tube self help vids for fixiing squeeky flooring aand show them to him , You dont have the right to dictate to him that he cannot try to fix them or have them fixed by a contractor but you can talk to him about the least invasive ways of repair as suggestions to him. and that can inc them adding insulation to sound proof beside it possibly reducing his own heating bills.

 

[Vycor]

I mentioned the screws as ive seen that done, he didnt want to do that. He tells me theres no sub floor, but there has to be something. We have wall-wall carpet, the kitchen has linoleum. So im assuming there are just beams and maybe some plywood on it, thats probably all.

soundproof batting that has an insulation value would be best bet.. but again, dont want him to take up our floors, but he says the floors are not done right... so theres that and the squeekyness and the fact that no soundproofing.

I guess i can talk to him about maybe some other options like screws + sound proofing from below (he wouldnt have to move his furniture, just take down his ceiling and put the batting up and re-do his ceiling... but im sure he'd rather take up my floors as its less headache for him personally, more headache for me as a tenant who just moved in.

Just doesnt seem right that hes rented for years and now wants to do this right after I moved in, he should have done this prior to me moving in.

 

[FarmerJ]

Yes ideally he could have done this while vacant , btw you have heard of insulation blowers ? there is no gutting needed, small holes are cut and insulation blown in and then holes are patched. ( or foam firms can pump in liquid foam that sets up and seals as it dries) Now as to the flooring under the floor covering , well if its plywood screws wont hurt it if its hard wood then a bit more work has to be done but screw heads can be hidden with counter sink and plug or putty. am curious , is the house real old ? ( your rented space appearance compared to the rest of the house ) as in maybe built b4 the mid to later 60s ? if not then yeah plywood likely is what was used for your part of house, if it appears to be maybe mid 60s or older it likely has real wood subfloor , No matter what though when you speak to him try to say it in way that is `suggestion based` so it does not appear that your trying to tell him what to do but suggesting options.

 

[xylene]

No matter what though when you speak to him try to say it in way that is `suggestion based` so it does not appear that your trying to tell him what to do but suggesting options.

I would 'suggest' that if landlord intends to breech your warranty of habitability (quiet use and enjoyment) by extensive renovations, you will get a lawyer and sue for breech of lease and damages.

Ask the landlord if he would be agreeable to a mutual dissolution of the lease.

 

[Vycor]

I think what I decided was that I'll see if the landlord is open to this

-He can replace the floors but I'd like it done within the next month so that I can be around if need be (i work 2 miles away).
-I'd like credit on my rent since I will not have access to half my apartment for 1 week.
-Any damage to our property he pays for

I believe that should be fair. He already told me he'd replace anything that got damaged and he was fine doing it end of May when we go away so i think he'd be happier doing it sooner then later.

I dont think what i'm asking for is too out there right? What do you guys think? Anything else I should request when we draw up some papers. I'd rather not move, for the most part I get along with him, despite him being quirky about things, hes not the worst landlord i've ever had. Hes a decent one (repaired the faucet that was leaking right away, replacing). I also like the apartment as its nice and close to work, in a nice neighborhood and its taken care of.

 

[FarmerJ]

This flooring issue is not a major mechanical or major structural defect that affects health and safety , it is nothing like bad wiring or old plaster thats ready to cave in, it only affects your LL , not you , If you really dont care if your LL refuses to renew lease with you by all means try to push him into your desired schedule, this is not a needed repair because Your LL can choose to be less annoyed by sounds from you being upstairs and live with it wether you like it or not. I do know of a way that flooring has been screwed down with carpet in place, but how your LL chooses to deal with it can be suggested by you , but if your LL comes up with a solution that does not involve major disruption thats his choice , there are plenty of ways LL can sound proof between your unit and his with out doing a thing to your unit as well , again his choice. I can tell you I have never heard of any city requiring sound proofing to be put in to older housing units that are not condominum , Ive even rented in a 30 unit 3 story building that was built in 1968 and there was no standard requiring soundproofing between units, and if it was me having a tenant telling me what i can and cannot do when its not a mechanical or safety feature related (required repair) since sound reduction in a older unit is about the same as cosmetic issues I might choose to not do the repair and wait it out, refuse to renew the tenants lease and make them move out and choose to deal with it when its empty, the tenant before you likely just gave in to LL wanting them to move , I assure you that tenant could have forced the LL to take them to court and prove valid lease violation to a court to make the tenant get out and if the court was not satisfied then it comes down to hard feelings so if you push to have this issue fixed when you want it done you may well be moving at the lease end. ( I dont see this as something you get to dictate to the LL what you want , and bet if its a older structure your not going to find any ordinance requiring your LL to do any thing about it) If your that unhappy with the prospect of this repair yes as other poster stated your free to ask to be released from the lease

 

[Searchertwin]

-He can replace the floors but I'd like it done within the next month so that I can be around if need be (i work 2 miles away).

Telling LL what he can do and cannot do is the wrong approach.
He WILL replace the floor. YOU need to suggest that it be done when you are at home. Compromise.
-

I'd like credit on my rent since I will not have access to half my apartment for 1 week.

This won't happen. It's not a major nor needed repair.

-Any damage to our property he pays for

This I would have in writing since I don't seem to know better, , BUT if LL is experienced, he tell you that is what renter insurance is for. His only obligations is damages to his building.

I'd rather not move, for the most part I get along with him, despite him being quirky about things, hes not the worst landlord i've ever had. Hes a decent one (repaired the faucet that was leaking right away, replacing). I also like the apartment as its nice and close to work, in a nice neighborhood and its taken care of.

Than I would take ALL that into consideration a little more serious.

 

[Vycor]

I didn't demand anything. I came up with a suggestion and the landlord accepted it. Work will be done in a timely manor (about 2-3 days, but not more then a week). We'll be reimbursed per day towards our rent when work is being done and any damages made to our property will be paid for by the landlord.