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Posted by just right all the time on September 04, 2000 at 13:21:38:

In Reply to: noise problem - solutions anyone? posted by Vale on September 04, 2000 at 12:09:27:

Due to the fact that there were tenants who moved out because of the noise, your landlord should have " advised " you of the noise condition PRIOR to your signing the lease. Try to find out who those tenants were and learn if they were advised of the condition or was the landlord " silent" on the situation.

Obviously your ability to live in peace are being stomped and trampled upon. Pardon the pun. The landlord misrepresented the apartment to you because it is unfit to live in as the previous tenants have already proven by moving out.

At the minimum, the tenant must put carpet in the room above yours and the landlord needs to find you another apt or you need to go to court so you can get a rent reduction. The landlord is holding the bag here for failure to alert you to this situation. Basically you have a lease which was obtained by misrepresentation (fraud) and it is unenforceable. Check with a lawyer.

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: Due to the fact that there were tenants who moved out because of the noise, your landlord should have " advised " you of the noise condition PRIOR to your signing the lease.  Try to find out who those tenants were and learn if they were advised of the condition or was the landlord " silent" on the situation.

: Obviously your ability to live in peace are being stomped and trampled upon. Pardon the pun.  The landlord misrepresented the apartment to you because it is unfit to live in as the previous tenants have already proven by moving out.

: At the minimum, the tenant must put carpet in the room above yours and the landlord needs to find you another apt or you need to go to court so you can get a rent reduction.  The landlord is holding the bag here for failure to alert you to this situation.  Basically you have a lease which was obtained by misrepresentation (fraud) and it is unenforceable.  Check with a lawyer.


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