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Posted by TenantNet on April 12, 1998 at 19:12:12:

In Reply to: Re: Advice on Noise posted by Phyllis on March 25, 1998 at 16:04:03:

: : On Sunday, I moved into a 2nd floor apartment of a private home. As I was moving in, the landlords were having a fight downstairs and each word could be
: : heard clearly (including the curses). Noises of daily living can be heard very clearly, even a sneeze from downstairs with my television on fairly loudly.
: : In addition, there are carpenter ants crawling on the walls, and the tub drain was clogged. The apartment seems inhabitable, and neither the prior tenant nor
: : the broker told me anything about this (even though I asked). I want out and told my broker that the day after I moved in.
: : Any suggestions on handling the broker and the landlords?
: : Thanks!

: I, too, am having problems with an in considerate neighbor. He plays his stereo 24 hours a day (even when he is not there), not excessively loud but constantly. The walls are paper thing
: and I hear an constant thump, thump, thump from the base all night long. I have been told that he has the right to play his music until 11:00 p.m. (I live in
: Queens, NY). What are my rights in this siutation?

Both situations are violative of the Warranty of Habitability.
Document the problem, what and when and notify the owner. It's his/her
responsibility to correct the problem, just like any lack of
maintenance. Failure to correct is a breach of lease and grounds
to move.

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Comments:
: : : On Sunday, I moved into a 2nd floor apartment of a private home.  As I was moving in, the landlords were having a fight downstairs and each word could be
: : : heard clearly (including the curses).  Noises of daily living can be heard very clearly, even a sneeze from downstairs with my television on fairly loudly.  
: : : In addition, there are carpenter ants crawling on the walls, and the tub drain was clogged.  The apartment seems inhabitable, and neither the prior tenant nor
: : : the broker told me anything about this (even though I asked).  I want out and told my broker that the day after I moved in.
: : : Any suggestions on handling the broker and the landlords?
: : : Thanks!

: : I, too, am having problems with an in considerate neighbor.  He plays his stereo 24 hours a day (even when he is not there), not excessively loud but constantly.  The walls are paper thing
: : and I hear an constant thump, thump, thump from the base all night long.  I have been told that he has the right to play his music until 11:00 p.m. (I live in
: : Queens, NY).  What are my rights in this siutation?

: Both situations are violative of the Warranty of Habitability.
: Document the problem, what and when and notify the owner. It's his/her
: responsibility to correct the problem, just like any lack of
: maintenance. Failure to correct is a breach of lease and grounds
: to move.


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