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Noisy Neighbor -Running out of options

Posted by Joel Turner on January 11, 2002 at 12:56:08:

I realize that this is a common issue but I have tried to do things the right way and so far have nothing to show for it. I moved into a rent stabilized apartment a year and a half ago. My upstairs neighbor who has a large 110lb dog and no carpeting, creates a tremendous amount of noise all throughout the night. She is often walking around in her bedroom until about midnight and the dog is either walking or dragging something across the floor all night. This occurs almost every night. I also every once and a while am treated to the presence of her boyfriend who likes to yell at her and stamp on the floor when he makes his point.

I have written four letters to the landlord documenting the situation, he has written to her three times to no avail. I have copies of letters from the landlord indicating receipt of my letter and a copy of the notification to the tenant upstairs that there has been a noise complaint against her. I have spoken to the landlord in length but it appears he is reluctant to take her to court for whatever reason. Needless to say, I rarely get a decent nights sleep.

In October I renewed my lease with the option of breaking the lease on 30 days notice. The rider is one way, the landlord does not have the option.

Other than moving out which involves great expense, (15% broker fee, moving expenses, etc..) what legal options do I have left? The issue has obviously been documented but the landlord refuses to take the next step. He has effectively told me so. The neighbor will not speak to me. Do I have recourse to hold the rent until action is taken? Can I take civil action against the tenant? Is it appropriate to get the police involved at this point.

Any comments or advice would be greatly appreciated.


Joel Turner

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