Massachusetts: upstairs neighbor taperecording me through/near ductwork

[emevas]

I have been in same apt for 4 years without issue. New (about 3 months) upstairs neighbor is recording me as these apts have very thin floors. I have heard the humming of the recorder, loud click of buttons being released/pressed, and I have heard the playback of the recording which has sounds of my apt and even the children in the hall. The sounds would normally not be audible, but the recorder is being placed on the floor of his apt to obtain this. LL is useless, and I have spoken to them about loud music from his apt before (he is disturbing two other tenants but nobody wants to say anything). I have called and been to the police but they haven't been much help so far. Obviously this is illegal, but unless I can prove it I'm out of luck. I think he is either trying to drive me nuts (there is not much effort at concealing the recorder noise) or he actually thinks he can dig something up on me ILLEGALLY and use it against me. I know all this sounds pretty crazy, but I can assure you it is true or I would not be here. I feel so invaded; please help.

If the walls or floors are so thin that he can hear your conversations inside his unit, taping them is not illegal. He is merely taping the normal sounds he can hear everyday in his apartment. He is not taking any illegal steps to hear your conversations. He is not wiretapping your unit, entering your space, or illegally eavesdropping. If he can hear it in his unit, he can listen. Not nice, but not illegal. He rents that whole space, including the floor. Nothing you can do short of lowering the volume or putting on some white noise when you don't want to be heard. Consider moving when your lease is up to a unit with more soundproofing or insulation.

If the walls and floors are that thin, his normal noises can be overheard as well. So his music will travel into other units too. If you or other tenants are being disturbed by excessive noise, or noise after hours, you need to call the police. If nothing is said, and no police documents are made about disturbing the peace, the LL can do nothing since he has no proof. It is simply one tenant's word against another's. He can't choose sides. He needs documentation of disturbances to take action against the offending party. Make reports.

Beyond this, there is nothing you can do. These actions are not illegal. It is not illegal to overhear things while you sit in your own rented space.