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Noise from new wine bar below my apartment

Posted by Jeff Hearn on February 26, 1999 at 13:45:16:

After living in my apartment over a bakery for three years, the bakery went out of business and the space was rented as a wine bar. I was assured by the Landlord and business owner that the operation would be a quiet little cafe. Unfortunately that has not been the case. They are open every night until 4:00 am, and play loud music. They have moved the stereo speakers away from my floor, but at 2:00 am they frequently turn up the music so loud that I can identify the artist and song. It emanates from my outside walls and floor.

I had a noise inspection done, and unfortunately he came on a relatively quiet night, and the noise was 1 decibel under the legal threshold.

I've complained to the landlord several times, and he has offered to move me to another apartment. It has now been four months, and it seems that the landlord now expects me to take another apartment at its current rate rather than matching it with my current rent. The downstairs business continues to play loud music late at night, which is not only disturbing but depriving me of sleep.

Up until now I have dealt with the problem rather timidly, but I am at the end of my rope and I want to fully explore my legal options. Unfortunately, all my research about noise usually involves another residential tenant, and I can't find help with dealing with a commericial tenant.

Can anyone give any advice?

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