Landlord Won't Enforce Lease

[Wary In NY]

Well, after making me pay more for a parking spot for my guest because she visits more than twice a week, based upon "unwritten rules" of the apartment building, my Landlord is refusing to enforce written terms of the lease against the person who lives above me.
This person pounds the floors 22 hours a day - I do not understand how someone can go without sleep like that. She walks in HEELS all day & all night, on floors that are not carpeted. She also blasts the TV 24 hours a day. There are 2 late teen / early 20's boys that live in that apartment too (her sons, I presume - all in a 1 BR apt), and they are much quieter than their mother.
The lease requires floors to be carpeted. Lease also has standard provisions about noise & quiet enjoyment.
Neighbor ignores me when I try to ask her to be quiet.
Landlord says there is nothing they can do. When I point out the lease terms that are not being complied with, LL says - QUOTE: "YOU TENANTS! You always think the lease is for your benefit." YES - the LL actually said that!!!

I have two choices - I can withold rent & let them sue me, or I can sue them.
Unfortunately, the lease also says that if they sue me for rent, I waive my right to file a counterclaim. I did some research, and one of the local judges here actually upheld that clause & threw someone's countercalim out when they counterclaimed when this LL sued them for eviction.
So I must go to court on my own to stop this nonsense.
Unfortunately, I could go to the County/District Court, BUT the court' rules there only allow me to sue for MONEY DAMAGES - so I cannot go there for any kind of court Order. So I am stuck going to the Supreme Court. Even without hiring a lawyer, the filing fees & service fees run about $1,000. I am sure the LL knows this, so obviously his attitude is "SUE ME." Also, by the time the case would ever get heard, my lease would expire (August) and I'll be out of here anyway.

There's a major flaw in the system that allows this to happen. If I was in NYC, I'd have recourse to landlord-tenant court. But outside of NYC, that court only exists for LL's, not for tenants.

So what is a sleepless tenant to do

[Emeraldstar]

Hi All
Don't assume that in NYC The LL's on this topic are any better. They are not. This is a very difficult area to to get any satisfaction from. You can record the disturbances your self but then the issues are really how the disturbances have adversly affected your life. Recordings and your words may not be enough. Though that may motivate a LL but doubt it. A tenant stands a better chance if there are hours/wages lost, health issues documented by an MD, things of that nature with the recordings as mearly a support. A pattern also expects to be established. Random does not fly. Time factors are another tricky issue. What one deems unreasonable at 11pm another may see as tolarable. Daytime is a wasted effort unless it ties in with a pattern that should be something out of the ordinary. Someone stomping/music all day may not pass muster unless one can prove it is round the clock for God only knows how many days. A noise complaint is very challenging and you have to weigh if it's worth your efforts. I wish you the best of luck, there are many of us in the same boat.

[cestmoi123]

Remember that the upstairs tenant's lease is an agreement with the landlord. The landlord could, if he wanted to, choose to waive the carpeting clause for the upstairs tenant, while enforcing it for you, just as he could cut your rent to $1/month without being obliged to do so for the upstairs tenant.

Right now, the landlord has made the calculation that it's not worth his while to enforce the carpeting requirement - he'd have to sue to evict, and he doesn't appear to believe that your business is worth it to him.

I don't see any way you can sue to make the landlord enforce terms of an agreement he has with another party. Given this, the circumstances might give you grounds to end your lease early, however. You should discuss that with your landlord.

[Wary In NY]

At least in NYC there is a place to go with a noise complaint. here in the 'burbs, there is not.

I cannot imagine how anyone could think that loud noises at 2 or 3 AM on a daily basis, and starting again at 6 AM could ever be considered reasonable.

and with the tenant's attitude of ignoring me, and the LL's of saying "Tough. That's the way it is. There's nothing I can do" I have no available remedy. I am having my health affected. I am in 60's, and have had heart issues. No One cares.

Oh -I want to add. There IS a Community Mediation program here. I went to them & asked to have them mediate this dispute. They tried contacting the tenant, but got no response. They contacted the LL & the LL said he did NOT wish to participate in a mediation.

[Wary In NY]

Remember that the upstairs tenant's lease is an agreement with the landlord. The landlord could, if he wanted to, choose to waive the carpeting clause for the upstairs tenant, while enforcing it for you, just as he could cut your rent to $1/month without being obliged to do so for the upstairs tenant.

Right now, the landlord has made the calculation that it's not worth his while to enforce the carpeting requirement - he'd have to sue to evict, and he doesn't appear to believe that your business is worth it to him.

I don't see any way you can sue to make the landlord enforce terms of an agreement he has with another party. Given this, the circumstances might give you grounds to end your lease early, however. You should discuss that with your landlord.

As an Intended Third Party beneficiary of the lease, I may be able to sue the tenant to enforce.
You are absolutely correct that the LL has made the decision that he is not going to evict this tenant. LL told me that they do not plan to evict anyone (except I know of 2 eviction proceedings this year - one of a tenant who was one day late in returning the renewal agreement. LL LOST in Court. These two tenants were both tenants who complained to the LL about things. This is a vindictive, retaliatory LL.)

I did tell the LL I considered this grounds for terminating my lease early. I was told in no uncertain terms that I would be sued for the remaining months on my lease - at the time that was 9 months. I think I'd win - but who wants to take that chance.

This building USED TO BE considered the finest apt building in the county. Several years ago new owners bought the building. Since then, all the old tenants complain about lack of services. All the money now goes into fancy Marketing campaigns & making the lobby spiffy. Maintenance staff was cut in half.

Listen to this one: One woman's toilet began leaking on a weekend. She called the Super Sat night, but was told the Super would not return until Monday. She tried to turn off the water, but the shut off valve was removed (I've looked at mine, and asked several others, and none of the toilet plumbing has shut off valves). She tried to use the Ball in the tank to keep the water from running, but it was so rusted that it broke. The water was running to the downstairs neighbor, ruining the ceiling. Frustrated, the tenant called a plumber who fixed it quickly. The apt building sued this woman for the damage to the ceiling below, and then evicted her for allowing an outside plumber to fix the toilet. They lost that lawsuit, too.

[Cranky Tenant]

Remember that the upstairs tenant's lease is an agreement with the landlord. The landlord could, if he wanted to, choose to waive the carpeting clause for the upstairs tenant, while enforcing it for you, just as he could cut your rent to $1/month without being obliged to do so for the upstairs tenant.
.

I'd also add that unless the OP has actually seen the neighbor's lease there's no way to know that it actually contains an 80% carpeting clause. Leases issued at different times often use different forms, particularly if the buildng has changed hands, and the terms of leases can sometimes be negotiated.

[Wary In NY]

Remember that the upstairs tenant's lease is an agreement with the landlord. The landlord could, if he wanted to, choose to waive the carpeting clause for the upstairs tenant, while enforcing it for you, just as he could cut your rent to $1/month without being obliged to do so for the upstairs tenant.
.

I'd also add that unless the OP has actually seen the neighbor's lease there's no way to know that it actually contains an 80% carpeting clause. Leases issued at different times often use different forms, particularly if the buildng has changed hands, and the terms of leases can sometimes be negotiated.

The Landlord admitted to me that the Lease DOES contain the carpeting provision. That provision was actually ADDED to everyone' s leases in a Lease Addendum.

[Emeraldstar]

Hi All
Wary, people do care but a court expects you to confirm the alleigations somewhat. A reason why an LL refuses to enforce is a very common one: let the tenants disturb each other until one gets ed and moves. LL benefits and if the disturber ever finds themselves in a position of disturbed you can rest assured the LL will ignore them next. For your own benefit it's good you have some facts but unless you can get to court perhaps it's better not to ask LL too much because it will frustrate you which is yet another tatic motivator an LL relys on and an LL will lie to create it. Think about the why an LL would tell another tenant that there is no carpeting in the apt above when it's a lease requirement if they are not going to do anything about it. I do not doubt you, deal with the noise first, then that will confirm the lack of lease enforcement. And what ever you decide, do not mention your actions to others unless you trust them well. If ever " the walls have ears" was a truth, it's when an LL is watching to see a vacate.

[Wary In NY]

Emeraldstar -
Actually, it DOES cost the LL when a Tenant moves. There is no Rent Regulation here, so the rent from a new Tenant will be the same as the rent that the old tenant was paying - possibly a few $$ higher, but essentially the same. However, at that point the LL has to paint, clean, resand & stain the floors and, most important, face the real possibility of no rent coming in for several months. This is a large building, and the occupancy rate is short of 100%. This is a reason why I am so shocked that the LL will do nothing to enforce the lease - and that they teold me, straight up - that they will Not do anything. As soon as I find a place I will be moving. They will likely sue me for the remainder of the lease, but I will fight that, and I believe i will be successful. The case will not be a straight Collection case, and the SUper here has committed certain acts which have legal consequences (reported to & acknowledged by the management Co.), so there will be major counterclaims.
Problem with finding a place is that the place I am in now is in a perfect location for me, and the apt layouts cannot be beat.

As for LL admitting that the place above me is carpeted, and that these people have the carpet term in the lease, that happened during many conversations not only with the LL, but in speaking with several of the maintenance people as well who told me exactly how the people above me have their furniture laid out, that they have no carpet, and the make up of the family - a mother and 2 college age sons in a 1 BR apartment. Wen I moved in the husband lived there too. There were vicious battles almost daily, but he has since moved out. Someone else once had to call the police on them. Also, hearing them walk, it is 100% obvious that there is no carpet.

I did not even ask anything too complicated of these people. All that I have asked is that the woman not wear Hard-Heeled shoes all night long. When the boys walk barefoot it's not usually such a big deal. (But their throwing shoes & whaever around Is a problem - but probably not the LL's problem) It is her heels though against the bare floors - she wears them every waking moment! AAAARGH!!!!! (She was a former professional dancer, so she has A) Strong legs, and B) she should know how to walk softly if she wanted to)

[Emeraldstar]

Hi All
I wish you the best of luck with your decisions and hope you have some peace in the meantime.

[WEXTCHEXT]

She walks in HEELS all day & all night, on floors that are not carpeted. She also blasts the TV 24 hours a day. There are 2 late teen / early 20's boys that live in that apartment too (her sons, I presume - all in a 1 BR apt), and they are much quieter than their mother.
The lease requires floors to be carpeted. Lease also has standard provisions about noise & quiet enjoyment.
Neighbor ignores me when I try to ask her to be quiet.
Landlord says there is nothing they can do. When I point out the lease terms that are not being complied with, LL says - QUOTE: "YOU TENANTS! You always think the lease is for your benefit." YES - the LL actually said that!!!...

Wow.. I was in a very similar situation not too long but it was the woman's teenage son who would make noise including completely insane repetitive noise without leaving the house...at all.

Anyway...this is a really rotten situation. The landlord will hold on to every last dollar/instead of making repair like carpetting the floor or filling in the space between the ceiling and floor with insulation. (That's money that could be making interest!)

I used to wear disposable earplugs to sleep - they eventually damaged my ears where one of my ears would close up involuntarily without a plug in it... SO be careful using those when you are lying down.

One of the mistakes you made was making contact with the neighbors. The reason being is if they are that rude to begin with - asking them to stop won't make it stop---and, as a result, everytime you hear noise, you are probably thinking that they are directing it at you...which is much, much worse than just hearing the noises on their own.


There is a last resort....not necessarily as a solution, but if you can't find a legal solution and some war has commenced between you and your neighbors, here's what you can do (do this only if there is a major battle going on -- because this is asking for trouble from them):

1) Get microphones and an audio mixer (not expensive). (You could also record the sessions to utilize with a computer with software like Audigy and others are a free download on the internet. Or buy a basic audio software package for $30) .

2) Experiment with microphone positions close to the noise source, i.e. tape microphones to the ceiling, (wireless setup would be ideal), put them on mic stands, place them in closet high up, etc.

3) Do test levels of the noise source - adjust the levels on the input mixer the microphones are plugged into and playback in a pair of headphones and adjust to get ultimate clarity. (It's possible to do this without a mixer -just won't be as effective.)

4) Feed an audio line from the mixer (or direct from microphone) to an amplified speaker source; a really big guitar amp/PA speaker would be the best - but an amplified stereo with the right jacks would work. Place the speaker(s) away from the microphones, so as not to cause any feedback.
If you could also place the speakers near the ceiling - this would be ideal.

5) (Put in earplugs for yourself.) Make the speakers as loud as possible without feeding back.



Now, as they make noise - everytime the neighbor walks - she will hear an amplified version of her footsteps or whatever other noise she dishes out.
They will be affected by their own behavior.
When they ask you to stop -ignore them.
They will be in a position where the only way to find relief from the noise is to adjust their own behavior.
As their behavior improves, you can gradually lower the volume as to reward their good behavior. Hopefully it will get to a point where they will comply.

You could also, if you did this routed through a computer have the option of recording them and playing back the recorded tracks whenever you wanted - not necessarily cause and effect. It would still be annoying for them.

You don't have this going all of the time - but at least you have some leverage.

*Note: This is not as simple as it looks, it is best to have someone with knowledge of audio gear to set up