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Noise Eviction


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#1 john_nyc_08

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Posted 17 December 2010 - 03:09 PM

I am in a NYC rent stabilized apartment buidling. I pay a very high rent for the area, and i have never been late on a payment in over 18 months.


A downstairs tenant keeps complaining to me that i make too much noise ( i do nothing more than talk to my roomate and walk on the floor, we do not even have TV's or radio's).


The down stairs tenant has written complaints to the buildings managmeent company stating that i am repeatedly disturbing thier peace.


The managment company responded by notifying me that they intend to terminate my lease on violation of the "disturbing the peace of other tenants" clause, if they recieve another complaint.


I tried talking to the tenant, and also wrote the managment company. The tenant seems totally irrational, and merely throws threats at me, while the management company does not respond to me at all.


Is the down stairs tenants continuous noise complaints against me really enough to cause my eviction? The lease does have a clause to maintain peace..but i am honestly not making any noise, this is crazy!



#2 Fallen

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Posted 20 December 2010 - 04:05 AM

"Is the down stairs tenants continuous noise complaints against me really enough to cause my eviction?"

Sure, but ultimately, that's for a court to decide.  If the landlord won't engage in discussion of whether there is an insulation issue between floors or whether this tenant is just nuts, then I suppose you're free to be proactive and file a petition against the landlord first because of its threats and see whether you can figure out what's what that way.  (You don't say what kind of noise it is you're supposedly making, and whether it may be noise traveling through the walls from other units and the tenant being mistaken about precisely where it's coming from.)


 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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