Landlord put in a nightclub/bar downstairs...Help!

[jdaly]

We have been living in a 2nd fl apt since july, and everything used to be fine. Recently, Landlord leased the empty space below us to a nightclub/bar and last night was their opening night. I didn't realize that our floor/their ceiling is basically paper-thin and their music shook our floors untill 5am this morning.

During that time we called the cops and the nightclub did turn down the music a little but our floors still shook and vibrated, and we could also hear people cheering, shouting...etc, typical nightclub noises.

Needless to say that we could not sleep at all.

Did the landlord break our contract by putting in a nightclub below us? What rights do we have? Are we able to end our lease early and move away?

thanks for any advice

<small>[ November 03, 2002, 12:22 PM: Message edited by: jdaly ]</small>

[mjr203]

Originally posted by jdaly:
We have been living in a 2nd fl apt since july, and everything used to be fine. Recently, Landlord leased the empty space below us to a nightclub/bar and last night was their opening night. I didn't realize that our floor/their ceiling is basically paper-thin and their music shook our floors untill 5am this morning.

During that time we called the cops and the nightclub did turn down the music a little but our floors still shook and vibrated, and we could also hear people cheering, shouting...etc, typical nightclub noises.

Needless to say that we could not sleep at all.

Did the landlord break our contract by putting in a nightclub below us? What rights do we have? Are we able to end our lease early and move away?

thanks for any advice

I'm a big club head and a big opponent of the not in my backyard attitude that has swept the west/east village and other formerly edgy now gentrified spots in this city.... however, nightclubs without proper soundproofing are doing the industry a disfavor and should be called on it.

Just out of curiousity, what neighborhood are we talking here... I think you'll find the city open to complaints given bloomie's recent quality of life (ie your business is mine) bent.

[Cranky Tenant]

I'm not a lawyer but this certainly sounds like a good reason to break your lease - warrent of hability - or something to that effect.

GIven the choice it's unlikely anyone would move in above a nightclub, soundproofing or not.

[MikeW]

I disagree with Cranky. Your beef is with the bar, not directly with the LL. File a complaint with DEP (I think they have jurisdiction over noise complaints), and maybe the State Liquor Authority (jurisdiction over bars).

[Cranky Tenant]

Originally posted by MikeW:
I disagree with Cranky. Your beef is with the bar, not directly with the LL. File a complaint with DEP (I think they have jurisdiction over noise complaints), and maybe the State Liquor Authority (jurisdiction over bars).

This really depends on whether you want the club to simply turn it down, or you if want to break your lease.

If you want to remain in the apartment then take it up with the bar. There are zoning restrictions for commercial space, particularly clubs, and as Mike says, acceptable noise levels.

If you want to break your lease, take it up with the LL.