A bar was opened under my apartment a few months back, it is right under my room. A month or two after it opened I emailed my landlord about the VERY excessive noise coming from the bar downstairs EVERY night! He said he will have more padding installed but the bar owner said they did everything they could to sound proof it. Their speakers are mounted on their ceiling and I literally hear everything clearly, even the people making noise. This is affecting my sleep and my well being, I've noticed I've slept less, being more tired at work and moody. I notice the lack of rest has also mentally affected me, I stay up really late until the bar closes sometimes. I even had to resort to taking sleeping medicine to help me sleep. It is that bad. Nothing's been done.
I'm confused by your question which starts off asking about a rent abatement but then you describe something that's unbearable. Why would you want to pay less and stay if it's really as bad as you say?
What was below your apartment before the bar opened? I ask because if you had "notice" that you were going to be living above a bar or something noisy, you may have no basis to complain - provided the business is operating lawfully. Do you have a lease? Perhaps your landlord will let you out of it.
I'm 3 "most helpful" answers away from a free blender! I may be guessing or not licensed in your state. No atty/client relationship exists. Who reads these disclaimers anyway? If you're reading this, let me know because I'm curious. Did you know that a watched pot never boils and that a stitch in time saves nine? Or that a rolling stone gathers no moss? Honestly, I am surprised that you are still reading this disclaimer. Personally, I normally don’t pay much attention to these things. I am impressed and commend you for taking the time. I never actually anticipated anyone would ever get this far into my disclaimer and I only wish I had something more meaningful to say. Thank you for bearing with me and for sticking it out to the end.
Dear New York Tenant:
I recall you added a comment to an answer the first time you put up this question that the Building Department amended the Certificate of Occupancy to allow the use of the ground floor for a bar/restaurant. I inquired if you ever noticed the public assembly permit posted near the entrance. That would control the number of persons allowed on the premises at any one time.
There is no such thing as a "rent abatement" without a court order in a lawsuit or voluntarily conceded by the landlord, unless the tenancy is Rent Regulated. If you are a rent stabilized tenant, you may file an application for a rent reduction based on diminished services or the landlord's failure to repair. If you are not rent regulated you could decide to move out when the lease ends. Or, since this is an unbearable change in the quality of life, engage an attorney to inform the landlord that you are ousted from possession due to the infliction of noise, and declare a constructive eviction, and so a right to end the lease. Your lease likely does not consider email as proper legal notice to the landlord and even though the landlord replied I would cover the concern of proper notice by following the notice requirement of the lease.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Excessive noise such as you've described is a ground to claim constructive eviction and request an early termination of your lease from the landlord. Since it appears the bar is not going anywhere and its use is permitted, and the noise apparently cannot be effectively abated, this may be your best option. Donald Harwood attorney
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