In New Jersey, a tenant has the right to quiet enjoyment and use of the leased premises. The question that needs to be answered is whether the volume level of the TV and noise from merely walking back and forth that permeates to another unit is unreasonable. The mere fact that a floor/ceiling creaks from being walked on is not enough to evict someone. However, if an upstairs tenant has the TV blasting and is military marching back and forth late at night, there could be an issue. In all likelihood the noise that you are referring to is probably somewhere in the middle of examples I noted. The question then becomes is whether the noise is more like the former or the latter. In situations where a Tenant's activities are disruptive to another tenant and intereferes with another tenant's right to quiet enjoyment and use, then the Landlord can send notices to the offending tenant and, if such activities, continuem, it could form the basis for an eviction action.
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