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Very disturbing neighbor

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Very disturbing neighbor

Postby aptnyc » Mon Sep 05, 2011 6:36 pm

Our next door neighbors have a 13 year child who has a mental/physical disorder. He cannot communicate at all, but he screams all day and night. By screams, I don't mean normal screams, which would be bad enough. It's sort of a howling, growling, screeching sound that is so loud and disturbing it's unbearable. Sometimes it goes on for a couple of minutes, sometimes for an hour or longer, and always several times a day including 5am, 3am, 1am, etc. Just pretty much any time.

They used to live upstairs when we first moved in, but when the neighbors upstairs couldn't take it anymore and the apt. next to us was vacated, the landlord moved them down here.

We are literally at our wits' end. I tried discussing the situation with the father calmly. He laughed and told me to call the cops. The landlord plans to soundproof the wall. I think that would diminish the noise from the wall somewhat, but their window is really close to ours, and much of the noise comes through the window.

We're allowed to break the lease with 30 day notice, but paying a broker's fee, deposit, and moving expenses again a few months after moving might not be a financially viable option.

The noise he makes sounds inhuman, I don't even know how to describe it. I understand their unfortunate situation, but this isn't a cheap apartment, and there are plenty of rentals in the area for 1-2 families they can definitely afford where they wouldn't disturb anyone.

Our quality of life has literally plummeted. I already have severe anxiety issues, and the noise is so troubling it makes me feel like I'm going to have a panic attack. Our bedroom (where it's the loudest) is basically unlivable. Is there anything at all that we can do?
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Postby Emeraldstar » Tue Sep 06, 2011 9:09 pm

Hi All
Consult with an atty & see if it's possiable to get the LL to cover moving, broker, & security costs?
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Postby jkgal » Fri Sep 09, 2011 6:46 pm

Hello, I agree with the previous comment..... I'd see about getting a consultation with an attorney who specializes not just in LL/T issues, but who also has a knowledge of the Americans with Disabilities Act (ADA). I am not an attorney, but I know that there is a 'reasonableness' standard in place for accomodations based upon disability. Right now, the situation, as described, doesn't sound reasonable - if, in fact, the caregiver of the minor requested an accomodation, LL agreed to provide one, etc. Then, there's also the implied warranty of habitability issue. Again, I'm not an attorney, but I'd look into this cross-referencing when you seek the consultation. Maybe call the bar association and inquire as to an appropriate attorney to speak with? I believe consultations are $35. Good luck!
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Postby aptnyc » Fri Sep 16, 2011 10:37 am

Hi, thank you both for your comments.

Contacting a lawyer is definitely something to consider, but I'm not sure if it would do anything based on a couple of things. The landlord offered us different apartments in his buildings, but we didn't like any of them. I think the family was already there when he got the building, so he never agreed to provide housing for them. I think he just inherited them as tenants so to speak. Also, when we moved in we didn't pay a broker's fee, but it seems that all apartments in our area now require one, so we can't move anywhere until we can pay one. I don't know if the courts would go as far as ordering him to pay a broker's fee as part of moving expenses since he never required one, especially since he offered us alternative apartments.

I'm thinking maybe the best way here would be to get him to give us a security deposit early, so we can at least put that towards moving, but I highly doubt he'll agree to that.
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