I have raised the issue to the tenant who lives upstairs as well as the owner of the apartment. I also notified the management company. Unfortunately, the issue hasn't improved and my current tenant is breaking the lease. What are my options to remediate the issue? Can we fine them?
Landlord / Tenant Lawyer
Typically most leases contain a quiet enjoyment clause. This is a violation of that clause. You need to send a notice cease that complies with the notice in your lease. If it does not cease, send a notice to quit. Document the lease violations. You will need to go to L/T court and get a warrant of removal.
4 lawyers agree
You cannot impose a fine on your tenant for being too noisy unless that is included in the lease...and even if it was in the lease, it would probably be unenforceable.
Your solution is to provide a written Notice to Quit to the noisy tenant which complies with the lease terms and the Anti-Eviction Act, and if the tenant does not cease being too noisy, you will have to file a removal action in the Landlord/Tenant division. You will need to prove the tenant was too noisy, by the way. Testimony from the downstairs tenant may be sufficient, but it would be helpful to have objective evidence of this person's noisiness (i.e. you could hear the stereo from outside the building).
Bear in mind, without knowing how this upstairs tenant is being too noisy, it's impossible to say if these steps are warranted. You may need to consult with an attorney.
The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.