Posted by me again on February 08, 2002 at 14:23:24:
In Reply to: Upstairs stomping posted by Anny on February 08, 2002 at 13:52:59:
: Yes, I have read the sections on noise but I don't want to move out. I live in a three flat Jackson Heights and the landlord lives on the third floor and I live on the second. He wears boots all the time and he does not have carpeting. All his friends wear boots and they must have stomping parties every month. I said something once and he said that it is his place and if he wants to walk around in his boots he can. Now he and a friend are stomping deliberately. I heard them saying that they know I get off on the stomping! Earplugs do not drown out the stomping. The only peace I get is when he is at work.
: Can I do anything about this other than move out?
actually, this is one situation where you can actually use the 'quiet enjoyment' section of your lease (if it has one), since it is the landlord himself that is interfering with your 'quiet enjoyment' of the property. however, i don't know what actual remedies you may have, as the 'usual' remedy is to let you out of your lease with no penalty. you should probably start recording the actual noise to docement the situation, and anything remotely resembling the landlord's conversations as you stated above.
without escalating the situation any further, which is hardly ever productive, (i.e., you making loud noise back, calling the police, etc.), likely the only recourse you have would be to withhold rent (i hate when i say that) on the grounds of the quiet enjoyment provision in your lease.
your landlord's actions may also be construed to be 'constructive evition', but the normal remedy is to allow you to move out without penalty.
you should probably consult a ll/t attorney for this one, since you don't want to move, but given your ll's actions, this is probably only the beginning of a bad situation getting worse.
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