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Posted by TenantNet on November 26, 1998 at 03:44:39:

In Reply to: Re: CREAKY FLOORS a/k/a/ " FIX THEM OR ELSE!! " posted by landlord hater on November 19, 1998 at 20:45:36:

: This is a common problem. A tenant signs a lease without " full disclosure" or knowledge of a serious problem such as the one you describe.
: Listening to creaking floors is extremely annoying and it would be next to near impossible that the landlord was totally unaware about it. If he told you in advance that there were creaking floors and that he would NOT do anything about it, I am sure that you would have run for cover!!!
: This is a violation of the lease clause that requires you to have and to hold your apartment with " quiet enjoyment of the premises ". I would explain to the landlord that you need the floors fixed and that had you be prewarned you would not have moved in without a guarantee that they would be fixed in short time. Usually they need to be either pulled up and replaced or secured by more nails driven into them. If he refuses to repair it then tell him there are 2 options...(1) you will offer to pay no more than for nails to be banged into the floors or for a full refund of all rent and security and then you will vacate fortwith ...(2) if he denies all the above then sue him in small claims court for the breach of contract regarding the" quiet enjoyment "clause / and or for "misrepresentation" a softer word than " fraud" with respect to the pre-knowledge of the floor problem without disclosure....( you were not offered enough information in order to make a proper decision and you want the contract voided for it)..also bring estimates of what it would cost to fix the floor to the court. Good luck

LLs are responsbile for repairs, but "quiet enjoyment" refers to the right to occupy the premises without frivolous attacks on the occupancy rights and not, as is commonly construed, referring to actual noise.

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