I own my condo. The owner in the unit above has been leasing his place out for 4-5 years. Due to the age of the structure and lifestyle of the renters above, I have been awakened or kept awake by extremely loud sex. Loud enough that I can hear their sounds coupled with 10-15 minutes of continuous creaking and banging (no pun intended).
After multiple dismissals of suggestions such as jointly paying for proper insulation in the bedroom area, getting a mediator, carpeting their bedroom etc, I am left in the same predicament.
Is there any recourse other than putting my unit for sale and moving?
Greetings. You do have a right to "quiet use and enjoyment"...not a right to "peace and quiet"...especially given the fact that you have elected to live in a communal type dwelling; i.e. a condominium or cooperative building. The noise you describe presumably fails to rise to the level that would constitute a violation of any particular noise ordinance, nor is seemingly in violation of any house rules and/or Bi-law provisions. Unfortunately, selling your unit, or renting same, seems to be the only true plausible option. Best of luck to you.
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