I live on the first floor of a quad apartment building. Every apartment has nice hardwood floors. The problem is that they are paper thin and one can hear the slightest sounds through them... even conversations! It is stipulated in every lease that "80% of the floor in the entire apartment must have carpeting" which the tenant must supply I was told this before I moved in and I acted accordingly. However, the last two neighbors above me have not. I witnessed this myself. And the noise is sometimes unbearable. I have notified the LL of this on several occasions both orally and written. To date, she has done nothing about this and only complains about me when I complain about the matter or speak to my neighbor about it. In fact she has forbid me to confront my neighbor about the noise again or I would be evicted. Can she do this non-enforcement of this rule even if it means my "quiet enjoyment" of my apartment is being compromised?
You may need to hire a lawyer to send the Property Manager a letter and enlighten her about the law of quiet enjoyment. It is the Landlord's responsibility to enforce their own rules. If they do not, then they are in violation of the lease agreement and the implied warranty of quiet enjoyment.
Leslie A. Margolies, Esq. (AKA Professor Landlord) is an attorney and Director of The Real Estate Law Group which provides affordable legal representation (sliding scale) for people with property problems. Go to www.TheRealEstateLawGroup.org. She is also a licensed Realtor with Long & Foster Real Estate. Her services include real estate and landlord tenant litigation, real estate transactions and document preparation. She is also the Founder of Landlord College™ which teaches landlords how to properly manage their properties, avoid tenant problems and stay out of court. Go to www.LandlordCollege.org. Please note that responses to questions on this website are for general purposes only. Such responses may not be considered legal advice and do not establish an attorney-client relationship.
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