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Loud Noise from Neighboring Adjoined House

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Loud Noise from Neighboring Adjoined House

Postby concord » Mon Jan 16, 2012 2:32 pm

(Fictional addresses and names have been used for this real situation.)


My friend Frank rents a non-stabilized first floor apartment in a privately-owned house. The address is 100 Fictional Street.

The house addressed 102 Fictional Street is adjoined by one common exterior wall to 100 Fictional Street. That neighboring house is owned by a different LL.

(What I am describing as a common wall is probably really two exterior walls touching each other although that seems to be insignificant.)

Satan rents a non-stabilized first floor apartment at 102 Fictional Street.

Satan is constantly playing his stereo system very loudly. Frank has made repeated attempts by verbal communication only, so far, with his own LL and with Satan to get the loud-noise problem resolved. The problem persists however.

Can Frank take steps to break his lease due to Satan’s refusal to lower the music’s volume?

Can the Warranty of Habitability be applied here or is Frank’s LL completely absolved of any responsibility because of the fact that the noise is being generated from a property not owned by Frank’s LL?

(Both Frank and Satan have leases which shall not expire soon.)
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Postby Emeraldstar » Mon Jan 16, 2012 10:31 pm

Hi All
Concord, Frank may need an exorcist from the sounds of it. I'm loving it. That said, ronin advised another poster to search on constructive eviction. Curious I did so and learned sometimes noise can apply however, it seems to me that Frank's LL has no controll over a property they do not own. Has Frank discussed with his LL if they are amenable to letting him out of the lease? If the LL would lose a tenant are they agreeable to maybe some kind sound abating wall covering?
If the noise goes beyond the house maybe to call 311? I had success eliminating music from 1/2 way down my block though it was from a business over a speaker system. My neighbor had good results with a terrace music situation which 311 got the police to motivate the LL when they called mgmt. office. Might work on LL of 102?
If none of this is applicable then my guess is Frank would have to record within his apt., create a pattern of unreasonable hours, & research nuisence options.
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Postby TenantNet » Mon Jan 16, 2012 10:54 pm

This is really Concord resurrecting Judge Judy thinking she's a real judge.
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Postby concord » Thu Jan 19, 2012 10:44 am

(1)

Frank’s LL doesn’t want Frank to leave but it is unlikely that his LL will incur the expense of soundproofing either.

Frank’s LL has threatened to seek payment for the remainder of the lease, should Frank flee and, Frank doesn’t want this headache.

I will have to research Constructive Eviction.

I guess 311 may have to be a starting point just to get the ball rolling and to create an official record. I've noticed 311 is viewed as a bureaucracy and that people tend to lack confidence in its effectiveness. But I see nothing wrong with trying that route if there is nothing to lose.

(2)

Judge Judy only entertains entities who, unlike Dow Chemical Company, do not obstruct discomforting responses.
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Postby TenantNet » Thu Jan 19, 2012 12:36 pm

That's a very lame comeback. And stop with the chapter numbering.
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Postby concord » Thu Jan 19, 2012 1:30 pm

Let me guess – you won’t delete a comeback if you don’t like it this time around?
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Postby TenantNet » Thu Jan 19, 2012 2:01 pm

If you continue to waste my time you could end up in the penalty box.
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Postby TenantNet » Thu Jan 19, 2012 2:18 pm

Your snarky comment is deleted, and you're in the penalty box until Monday.
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