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I can't take any more noise!!! Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by Arizonai, Feb 17, 2002.

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  1. Arizonai

    Arizonai Law Topic Starter New Member

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    I am having a huge problem with my upstairs neighbor. There is constantly loud music playing. At time things in my apartment strat vibrating. To boot, they just got a dog that won't stop barking and keeps running all over the place.

    I have left them with several notes, starting off very nice in the beginning and getting increasingly nasty. I called the police twice, although they only came once. When the person answered the door, the music was soo loud that he couldn't even hear what the cop was saying.

    I told the super about my problem (except about the dog, that is new) and the super told me to knock on their door or call the police.

    I also called the owners of the building and they said they would send a notice, but I don't believe they aver did. And if they did, it didn't work.

    I can't take this anymore, I'm a student and I need quiet to work, the exact reason I choose not to live on campus.

    I have kept a log for 2 months of all the disturbing noises they have made.

    I want them to be evicted, no questions asked. They have not given any leeway, so neither am I.

    Can you please help me find a way to get them exicted. I am ready to goto court, whatever it takes

    TIA
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You want to document every time you call the police. You may want to send a letter to your landlord, certified return receipt documenting (1) your calling the police 3 times, (2) the numerous times you informed the tenant, (3) the landlords promise per conversation to remedy the matter. You may want to say that if the problem will not be remedied in a reasonable time (e.g. 5 days from the date of the letter) and manner, you may withhold rent as a result of the significant problem. For the past two months you have not been able to use the apartment as a result of the problem.

    It may help to soften the language by stating that you are simply trying to resolve a situation that has caused you great havoc for the better part of a month. You are hopeful that this matter can still be resolved in an amicable fashion with the landlord.

    The problem here with running to court is that it is your word against the landlord's. Not a good way to go to court, and the better strategy, IMHO, is to withhold a portion of the rent after sending the notice. Additionally, you avoid court costs and the landlord will have a problem going to court since you have these letters to prove the lanldlord's breach of the lease (breach of the covenant of quiet enjoyment -- this does not necessarily mean "silence" but the inability to enjoy the property without intrusion.)
     

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