Tenant vs Tenant
This is a discussion on Tenant vs Tenant within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in New York and I am wondering if I have a case against my neighbors upstairs.They are a ...
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I live in New York and I am wondering if I have a case against my neighbors upstairs.They are a married couple with 2 children. Months ago I asked her very nicely could she please keep the noise down coming from her apt with the kids running back and forth and jumping up and down. She said she would and seemed to be perplexed my kids jumping? I told her that I was not feeling well without really divulging my complete health history. It didn't stop. I confronted her again, this time she slammed the front door in my face and told me to tell the landlord about it. I did not because the issue was her kids, not to do with the landlord. So months when on where I had to endure the constant noise, jumping and banging. She also joined them 300lbs and started jumping herself because I got my broom and started hitting the ceiling to let them know this is too much!. All this time she was calling landlord to complain about me doing this but never mentioning her side of what she was doing. I called the police and they came out and explained my side. They did not answer the door. Our next encounter ended up an all out curse match including her husband who said " I pay my rent" which what does that have to do the price of apples in China? The issue I said is you allow your children to disturb my life which is not fair. Maybe that is why this apt was available. She called the police and told them that someone was here to hurt her children. Well of course they came right out. They told her that she had to understand that the noise coming from 2 children would be disturbing and why couldn't she understand that? That fell on deaf ears. They said if they had to come back out for this again they would arrest both of us, for what I don't know. They told me to just ignore her because she sounded unreasonable. All of this time she consistenly is calling the landlord to report me for now turning up my stereo... well yes this is my resort to try to block out the noise. I now have no life because they are above me. Once they walk in the door its running, jumping and play time for the kids. It has caused me to become so full of anxiety and stress and become so angry all because they feel they live here by themselves with no regard for me under them. There are many New Yorkers like this and its awful. The landlord does nothing about it and says I shouldn't play my stereo to block out their noise. I explained to him they have to give respect to get it. I am disabled and cannot take it! Pain, suffering, anxiety, anguish all of it is what my life is about cause they are above me. Can't I sue them and yes I attend therapy..every other week. Can't I just file this myself and if I can sue what amt do I sue for that is reasonable that I can get?
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#2 |
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Also carpet is not the issue because the wife had it pulled up upon moving in so it amplifies any noise coming from their apt. She says it is because her daughter has asthma, everyone else here has carpet.
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#3 |
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First, stop playining loud stereos. This does nothing but make the situation worse. Start reporting this noise to the LL. Hold the phone so he can hear the stomping. Continue to make reports to the LL that you are being disturbed. You need reports to him and the police if the noise if late at night to prove you are being disturbed. Ask the LL to allow you to move to the first vacant apartment available.
While you have a right to the peaceful enjoyment of your unit, the other tenant also has the right to the normal use of her unit. Children make noise. It is normal. Living with someone above you has it's drawbacks because you will hear their noises. I suggest you move at the end of your lease if he won't allow you to change apartments. |
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