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Can my landlord evict me due to the downstairs tenant complaining about noise, ie walking, after 10pm?

Lyndhurst, NJ |

I have lived in a 2 family house for 17 years. The tenant on the first floor has just moved in a little less than a year and has 3 young children. They have complained to the landlord that I make too much noise after 10pm. TV and walking around.

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Attorney answers 1


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.

The information provided herein is for informational purposes only and does not create an attorney client relationship. Moreover, the information provides does not constitute legal advice and should not be relied upon in taking any legal action.