landlord won't fix noise

[TopCocoGirl]

Hi,

I'm new to the forum. I need advice about withholding rent.

Here's my situation:

About a month ago, I started to hear a water noise from my kitchen. It sounded like someone in another apartment (linked to my kitchen's pipes) had left a faucet on. The water rushing through the pipes echoed up to my apartment in the form of a disturbing humming/hissing sound.

The sound is very distracting and unbearable. It keeps me up at night, and gives me a headache when I try to watch tv or read. It also bothers my ears.

I complained immediately to the super. A few days later he told me the noise was coming from a leak in an apartment on a different floor. He said he was having trouble getting into the apartment to fix the leak. He said the tenant was crazy and wouldn't let him into the apartment.

I called the landlord and said he had to call the police or something to force the tenant to let them into her apartment.

Anyway, it's now a month later and the leak has not been fixed. And I'm not even confident that that's the cause of the noise.

All I get from the super and landlord is: we're trying to get into the apartment; we were turned down for a court order; we're appealing -- that's when I get any info at all.

What can I do to get them to fix this noise?

And don't I have some sort of right to not pay full rent for an apartment that drives me crazy?

I haven't paid July's rent yet. Am waiting to talk to landlord about negotiating some sort of discount.

Is this a bad thing to do? Should I pay the rent and sue for damages?

I'd happily pay the full rent if the problem was fixed.

Any advice? They seem to be dragging their feet.

Thanks!

[consigliere]

It doesn't look like the landlord and super are dragging their feet. If what they say is true, the landlord has gone to court and filed an appeal.

It's in the landlord's (and the super's) best interest to repair a leak. Leaks waste water. If it's hot water, that is very expensive. And leaks can cause damage to the building and to the apartments (and their contents) in the building.
 
If you withhold your rent and lose in housing court, you might be liable for the landlord's attorneys' fees. You would probably be better off suing the landlord and that tenant in small claims court. However, if the landlord has been making efforts to gain access to repair the leak, you might not have much success against the landlord.
 

[TopCocoGirl]

Thanks for the reply. Here's my concern though: I don't even know if they are telling me the truth. I know the landlord has dragged other problems out for over a year with other tenants. I will absolutely go insane if this goes on for a year.

How can I get proof that they've filed for a court order to get into the apartment? Do they have to give me documentation if I ask for it?

I just don't have any faith that they are actually doing the things they say they are doing.

Thanks again.

[TopCocoGirl]

Just want to add that weeks into this nightmare, I ran into the super in the hall and he said, "Is the noise really that bad? Can't you just live with it?" So I don't think he's taking it seriously. Plus he laughs about it everytime I talk to him about the situation, like it's some kind of joke.

Also, when I first complained to the super, he kept saying, "Oh, it should be fixed tomorrow" -- said that for several days. Then after more than a week of this, I found out he hadn't even gotten into the apartment.

And what I can't figure out is if he can't even get into the apartment, then how can he be so sure the leak is in her apartment?

Also, when I first spoke to the landlord, he said he would file for a court order. I called him a week later, and he still hadn't filed for it. A week later, I sent a certified letter complaining about the situation. Only then did he file for a court order. -- or at least only then did he TELL me he filed for a court order. Still won't believe it until I have proof.

So this is why I think they are dragging their feet about this.

Thanks!

[custudent]

"How can I get proof that they've filed for a court order to get into the apartment?"

Court records are public. Go down to the court house and ask a clerk to help you locate the records. Then you will be able to prove that a court order was requested and denied.

[TopCocoGirl]

Thanks! Good idea.

Any other advice would be appreciated.

[mbrenner]

If there really is a leak -- isn't there a flood someplace? Is anyone else hearing this noise? If landlord HASN'T tried to get access, then call 311. Maybe they can suggest a city agency.

A leak WITHOUT a flood is VERY SUSPICIOUS!!!

Maybe the landlord has turned on some mechanical equipment and it is making noise throughout your apartment.

[TopCocoGirl]

I know! I know!

I keep asking how they are sure the problem is coming from the other apartment. They just keep saying they are "sure."

It's difficult to get specific information, but what I can gather is this -- they think the leak is from the faucet and going down the drain -- hence no flood. But I don't know how they know this if they haven't been in the apartment.

This is such a nightmare!