We have wooden floors and a toddler living in the house who runs around a lot. The landlord has received a complaint from tenants downstairs that there is a lot of noise in our apartment. He is asking us to carpt 80% of teh apartment within 10 days at our own cost. Can he do that? we prefer wodd flooring and specifically picked this apartment for its wood floors and don't want to carpet. What are our options? I am from Queens, NY and the building is located in Queens if that is relevant. Thanks,
Landlord / Tenant Lawyer
The answer is that often in New York, a lease may specifically require carpeting. You need to review carefully the terms of your lease, and if it is a requirement, then you need to install the carpeting.
If the lease is silent on the issue of carpeting, then the issue is one of reasonableness. Is the noise that is being made so disturbing so as to create a real annoyance to other tenants? That determination would be made on a case by case basis. If there are tape recordings of the noise, and/or object measurements of its loudness, you may be found to be violating your lease and then be subject to eviction, unless you "cure" the lease violation by installing carpeting to dampen the noise..
Landlord / Tenant Lawyer
Dear Can a landlord require a tenant to put in carpeting in the apartment at their own cost?
Perhaps I may help.
Many standard forms of lease in New York contain a requirement for carpeting in an apartment.
Lease forms may differ. A lease may state the requirement for carpeting the floors as a main clause or paragraph in the lease and may define the tenant's obligation as a material obligation of tenancy.
Other forms of lease, such as the sample form of lease drafted by the Real Estate Board of New York, provide for the requirement to carpet in the "Rules and Regulations." A Court may interpret the same tenant obligation as a material obligation of tenancy, or a mere breach of rule and regulations.
A typical lease clause may be found at paragraph '11' of the sample form of lease offered by the Real Estate Board of New York
The general proposition remains that a tenant may not engage in conduct that is unreasonable and interferes with another tenant's expectations.
You may want to inquire how your neighbor feels affected by the sound that makes its way into the apartment below yours.
You must seriously take any threat by your landlord to end your lease.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
The answer depends on the terms of your lease. Without reviewing your lease it is difficult to do that. You should ask the landlord to point out under which paragraph of the lease is he requiring you to install the carpeting.
The above answer is only for information. This answer and any response does not create an attorney-client relationship between the parties and the communication is not privileged and confidential. The best course of action is to consult with a lawyer about your specific case. If you need to contact me, please call at 212-537-6936 or email at firstname.lastname@example.org