Should I talk to a lawyer about this?

Question

I just signed a year lease two months ago on a downstairs apartment. Ever since the first week I moved in, I've had to endure stomping, heavy running, doors slamming, loud music, a barking dog....on a daily basis, coming from the apartment directly above me. I've spoken to the manager about it, and he says he can't do anything about it. I've called the cops on these people and they can't do anything about it because they do it during the day and the noise ordinance is between 10pm-6am. Breaking my lease would cost me a fortune, and I doubt he'd let me switch to a different unit. Should I talk to a lawyer? I don't want to put up with this for 10 more months!

Answer 1

I'd take a closer look at your lease; typically there are clauses in them about a tenant's right to peaceful living conditions. If you've spoken to the manager and he refuses to take action you can contact an attorney. I would first see about switching units. You pay for an apartment to live in peace and while some noise is understandable and unavoidable, it sounds like you've got a heard of clydesdales living overhead. People like that should have bottom floor housing. Check with other neighbors too. If enough tenants complain then the manager has to take action. If he still refuses, contact and attorney and contact the Better Business Bureau.

Answer 2

You are entitled to the "quiet enjoyment" of property you lease. If the manager doesn't perform his duties in quelling unreasonable amount of noise, then HE is breaking your lease.

When he showed you the apartment, was it during the middle of the night, when those people are quiet?

If he engaged in fraud, making you think that the living conditions are not what they are, then you can sue him in small claims court, to be let out of your lease, and possibly to collect some of the rent you've already paid.

But the judge is going to be skeptical. There's a REASON why the penthouse apartment costs more - there's nobody above you, making noise. Your rent was set, and you agreed to it, knowing that it was a downstairs apartment.

You realize that when there are plumbing problems upstairs, that water flows downhill, sometimes right through your ceiling, right?

You can talk to a lawyer, but he's going to tell you the same thing I'm telling you: that you have little in the way of remedies. Traditionally, when people upstairs make too much noise, people downstairs pound on the ceiling with a broom handle, as a way of telling them to quiet down. It doesn't really work; it just creates acrimony. But maybe it will make you feel better if you buy a broom.

Or maybe you can convince the people upstairs to swap apartments with you....

Answer 3

One of the problems with living in apartments is that neighbors can be noisy. Unless they are continually so extremely loud that you cant go about your normal daily business no one will be able to do anything about this during daytime hours. This may be annoying but not against the law. If you really like peace and quiet I would suggest that next time you rent a single family dwelling.

Answer 4

Yes. In most standard leases it states, " you should expect to have Quiet Enjoyment" or words close to that. Go see a lawyer and bring your lease too. I'm sure the landlord would rather let you go than have to pay for a court fight.
Good Luck!

Answer 5

Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html

Answer 6

Why don't you try talking to your neighbors about this? They probably don't realize the noise they are making...