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Loud music and noise from Restaurant/bar below my condo is causing me headaches. Is there a legal recourse?

Boston, MA |
Attorney answers 4

Posted

Is the restaurant a part of the condo?

This information is not intended to be legal advice and does not create an attorney-client privilege or relationship between Anjali Gupta Stevenson Law Office, LLC and the reader. This information is for general purposes.

Asker

Posted

No, it is not part of the condo.

Posted

Really? You probably moved in there knowing this. You should move if you want to solve this. Is this part of your lease?

Asker

Posted

I am the owner of the unit. I bought years before the restaurant existed. It would definitely effect the price I got if I sold. Every night about 6 months of the year. The owner of the restaurant did pay for sound proof windows for my side of the building, but the difference is negligible.

David Seth Rodlund

David Seth Rodlund

Posted

I lived in a place like you describe. It was horrible. I know what you are going through. Eventually I moved though to somewhere quieter since I knew the place I was in was not going to change. Generally you have the right to quiet enjoyment of your home, however it may not apply depending on what your agreement says in it.

Keith G Langer

Keith G Langer

Posted

"You probably moved in there knowing this." Really? From the OP: "The Condo was built before the Restaurant." And there was nothing to indicate the poster bought afterwards. As, it turns out, s/he did NOT.

Posted

If you are part of a condo association you should bring it up to the association. You may also want to contact the city or town in which you live to ensure that the restaurant or bar is abiding by any restrictions as to noise levels, hours of operation, occupancy limits, zoning, etc. You could possibly file a private or public nuisance action but it may be difficult and depends on a myriad of factors that would be hard to flesh out in this forum without knowing more. You should consult your condo association or sit down with an attorney for a consultation to see what, if anything, you can do about this. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Posted

Call the licensing board.



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