I've been living in a 2 family dwelling on the 1st floor for 12 years. The upstairs apartment had about 4 different tenants since I've been living here so I understand the normal noise of people living above me. Recently the landlord rented the upstairs apartment to a family with 2 small children 2, & 3 years old. The noise level at times is unbearable with these 2 children running around the apartment for 45 minutes to an hour at time, jumping off the furniture onto the floor creating a loud thunderous noise, jumping off the bed above my bedroom at 7-8 am in the morning waking me up with the thunderous sound, stomping their feet on the floor bouncing balls, and toys and running after them. This noise has disrupted my quiet enjoyment of my living space. I am even embarrassed to have any family members, or friends over due to the noise. About a year ago the landlord installed new carpeting in my apartment and the apartment above me. However this carpet and padding is not the thickness as the old carpeting and may be making the sound of upstairs worse.
Quiet Enjoyment does not concern noise. It is your right to use the property without your landlord interfering, such as using your apartment for his personal or business use. I would suggest you write a complaint to the landlord and ask that he sound proof the ceiling of your apartment. He is under no obligation.
I disagree with Mr. Reilly's response; the term "quiet enjoyment", while not literally referring to excessive noise, has been interpreted to mean that a tenant is entitled to enjoy the full benefit of the rental property without disturbance by anyone - landlord or other tenants. It is the landlord's obligation to remediate anything preventing a tenant from such disturbances and therefore you should send a letter to the landlord, via certified mail, return receipt requested, describing the problem and asking him to resolve it within a reasonable amount of time. The landlord should them serve the upstairs tenants with a Notice to Cease the excessive noise and if they fail to do so, he should then terminate their lease for such failure and take steps to evict them. If he fails to do any of that and the disturbance continues, you would then be entitled to terminate your tenancy and vacate the premises with no penalty.
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