TenantNet Forum

Where tenants can seek help and help others



Breaking lease, but roommates in the picture

Rights for non-regulated tenants

Moderator: TenantNet

Breaking lease, but roommates in the picture

Postby Leo4015 » Tue Feb 03, 2009 6:37 pm

Long story made a wee bit short:

Roommates & I move into a very nice apt in a neighborhood we love. We've only been living here for approx. 2 months

It was failed to mention (ha!) that the neighbors directly above us practice saxophone playing *every* single day, as well as love to have parties.

We call 311 AND our local police precinct every day, have held a disturbance log from the get, have called the Property Manager, as well have begun to e-mail the Mgmt Company. I also made sure to mail them (via RRR) a copy of my last e-mail to them, a copy of our noise disturbance log, a copy of a letter we sent the neighbors requesting some consideration, as well as our 311 call logs.

Our lease has tenant rules that state (which I find disadvantageous): " LL need not enforce rules against other tenants. LL is not liable to tenant if other tenant violates these rules. Tenant receives no rights under these rules- 1) the comfort or rights of other tenants must not be interfered with. This means no annoying sounds, smells & lights allowed..."

With that in mind, Mgmt has simply suggested we continue to contact our local police & that their legal dept has now sent the noisy tenants a letter (after having the Property Mgr supposedly having a talk with them).

I am at my wits end & my roommates seem to be giving up the fight because it seems that Noise wars are a lost cause with Mgmt.

After reading many noisy neighbors post, I think I've come to my conclusion.
I am now looking to contact Mgmt to request to have myself removed from the lease, I'm willing to have them keep my deposit in exchange for this. I simply just cannot continue to live under these circumstances of not being able to get a night's worth of rest.

It seems like the noisy tenants have more rights then we do.

Do my roommates have any say in not permitting the LL take me off the lease (IF the LL agrees to my request)?
I'm thinking this may cause an issue because the remaining 2 roommates would not be able to afford the rent on their own.

Or am I running a high risk the LL will not agree to my request because he's scared 2 roommates cannot afford the rent that was once covered by 3?

Am I doomed to be bound to this inability to sleep in an apt that I'm paying hefty $$$ for?

Thank you to all that direct me to the right place.
Leo4015
 
Posts: 4
Joined: Tue Nov 18, 2008 10:28 am

Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 69 guests