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Posted by gary on November 24, 1997 at 14:44:00:

In Reply to: Re: Noise posted by TenantNet on November 19, 1997 at 15:02:38:

:
: You can't compare situations, nor can noise be completely muffled. Here,
: according to the tenant's reporting the landlord, they "walk to hard or
: that when we pull out our dining room chairs to eat it sounds as though
: we are dragging an elephant or that we are dropping things constantly
: and disturbing him". First, it makes no difference if it's a landlord
: (as is here) or another tenant on the receiving end. Some people do
: walk too hard and don't realize how much noise they're creating, even if
: it's not intentional. Each situation is different, but I've seen plenty
: situations where such noise is beyond what is acceptable. Judging what
: is excessive noise is subjective and can't be done here, but assuming
: they are making noise sufficient to be irritating, then it should be the
: one making the noise who should take some steps to quiet the situation.
: Getting a carpet is just one solution.

: Most leases I've seen require tenants to have carpets over 80-90% of the
: floor surface, so unless it's stabilized and the tenant can show carpeting
: is a required service (where in such cases it would be the owner's responsibility),
: then the tenant should simply get a carpet.

Well, now you say the situation can't be judged here, but your original
response petty unequivocal -- "be quiet or get rugs," which I find hard to justify if all this person is doing is walking! Hell, he is allowed to walk in his apartment. I'd like you to show me one court case where a tenant was required to install rugs because he was "walking heavily" (as opposed to playing loud music or dancing or doing something else out of the ordinary).

Also I don't understand how you can say that it doesn't matter if the aggrieved neighbor is the landlord. A fellow tenant cannot do anything
about excess noise (real or imagined) while a landlord can evict a tenant or otherwise make him or her miserable.

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: : 
: : You can't compare situations, nor can noise be completely muffled. Here, 
: : according to the tenant's reporting the landlord, they "walk to hard or 
: : that when we pull out our dining room chairs to eat it sounds as though 
: : we are dragging an elephant or that we are dropping things constantly 
: : and disturbing him". First, it makes no difference if it's a landlord
: : (as is here) or another tenant on the receiving end. Some people do
: : walk too hard and don't realize how much noise they're creating, even if
: : it's not intentional. Each situation is different, but I've seen plenty
: : situations where such noise is beyond what is acceptable. Judging what 
: : is excessive noise is subjective and can't be done here, but assuming
: : they are making noise sufficient to be irritating, then it should be the
: : one making the noise who should take some steps to quiet the situation.
: : Getting a carpet is just one solution. 

: : Most leases I've seen require tenants to have carpets over 80-90% of the 
: : floor surface, so unless it's stabilized and the tenant can show carpeting 
: : is a required service (where in such cases it would be the owner's responsibility), 
: : then the tenant should simply get a carpet.

: Well, now you say the situation can't be judged here, but your original
: response petty unequivocal -- "be quiet or get rugs," which I find hard to justify if all this person is doing is walking! Hell, he is allowed to walk in his apartment. I'd like you to show me one court case where a tenant was required to install rugs because he was "walking heavily" (as opposed to playing loud music or dancing or doing something else out of the ordinary). 

: Also I don't understand how you can say that it doesn't matter if the aggrieved neighbor is the landlord. A fellow tenant cannot do anything
: about excess noise (real or imagined) while a landlord can evict a tenant or otherwise make him or her miserable.


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