I've been living in my apartment for a year and a half now and, so far, I've made 4 complaints to my landlord (the management company) about my upstairs neighbor being extremely noisy at all times of day and night. The noises from her apartment are so loud that I can feel the vibrations in my apartment below. These noises are disturbing my sleep and the quiet enjoyment of my apartment!
The management company has sent several letters to this noisy neighbor telling her to quiet down (and has even cc'ed their attorney on a couple letters) but the neighbor continues to be super noisy so her behavior seems intentional now. The landlord won't make her put carpeting on her floors (as stated in the lease) nor will they evict her.
Can I take the neighbor to court and evict her that way
Personal Injury Lawyer
Dear Staten Island,
I'm not licensed to practice in NY but I doubt you have standing to evict a neighbor, that would be up to the landlord.
Since the LL is aware of the situation and neglecting to take effective curative action, like eviction, they may be constructively evicting you. I would suggest taking your lease agreement to a local attorney to help you craft a letter to your management stating the severity of the issue and how it has effected your sleep and use of the apartment. In addition, if they continue to refuse to correct the issue you will be forced to withhold rent until they do evict her. Withholding rent can be dangerous though (a threat may be enough), and I highly encourage you to consult with a local NY attorney first. You can also talk with your other neighbors, if there is any, and see if they suffer the same issues with the noisy neighbor.
Good Luck. I hope this is helpful.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
Real Estate Attorney
The three theories that can be advanced here are : Constructive eviction, Breach of Implied Warranty of Quiet Enjoyment and Explicit Breach of Lease for not carpeting the upstairs apartment.
They all require different actions on your part and you need to discuss the situation with an attorney and present all the relevant facts to him/her in order to determine which one is the best for your specific situation.
This information is given as a courtesy and does not create an attorney-client relationship in any way. Any advice received must be verified. The specific facts of each matter make it impossible to offer specific advice that is accurate.