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Posted by TenantNet on November 19, 1997 at 15:02:38:

In Reply to: Re: Noise posted by gary on November 19, 1997 at 14:33:59:

:Nonsense. Where is this person supposed to walk, on the ceiling? Those
:were the exact words used by a judge years many ago, when my parents were
:sued by a nutty downstairs neighbor, in dismissing a suit brought against
:them. It's one thing if they're tap-dancing of practicing goose-stepping,
:but complaints about "walking" are ridiculous.

You can't compare situations, nor can noise be completely muffled. Here,
according to the tenant's reporting the landlord, they "walk to hard or
that when we pull out our dining room chairs to eat it sounds as though
we are dragging an elephant or that we are dropping things constantly
and disturbing him". First, it makes no difference if it's a landlord
(as is here) or another tenant on the receiving end. Some people do
walk too hard and don't realize how much noise they're creating, even if
it's not intentional. Each situation is different, but I've seen plenty
situations where such noise is beyond what is acceptable. Judging what
is excessive noise is subjective and can't be done here, but assuming
they are making noise sufficient to be irritating, then it should be the
one making the noise who should take some steps to quiet the situation.
Getting a carpet is just one solution.

Most leases I've seen require tenants to have carpets over 80-90% of the
floor surface, so unless it's stabilized and the tenant can show carpeting
is a required service (where in such cases it would be the owner's responsibility),
then the tenant should simply get a carpet.

Follow Ups:

• Re: Noise gary 11/24/97 (0)
• Re: Noise Bryan McCreary 11/20/97 (3)
  • Re: Noise TenantNet 11/21/97 (2)
    • Re: Noise N 1/21/98 (0)
    • Re: Noise Claire 12/14/97 (0)

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Comments:
: :Nonsense. Where is this person supposed to walk, on the ceiling? Those 
: :were the exact words used by a judge years many ago, when my parents were 
: :sued by a nutty downstairs neighbor, in dismissing a suit brought against 
: :them.  It's one thing if they're tap-dancing of practicing goose-stepping, 
: :but complaints about "walking" are ridiculous.

: You can't compare situations, nor can noise be completely muffled. Here, 
: according to the tenant's reporting the landlord, they "walk to hard or 
: that when we pull out our dining room chairs to eat it sounds as though 
: we are dragging an elephant or that we are dropping things constantly 
: and disturbing him". First, it makes no difference if it's a landlord
: (as is here) or another tenant on the receiving end. Some people do
: walk too hard and don't realize how much noise they're creating, even if
: it's not intentional. Each situation is different, but I've seen plenty
: situations where such noise is beyond what is acceptable. Judging what 
: is excessive noise is subjective and can't be done here, but assuming
: they are making noise sufficient to be irritating, then it should be the
: one making the noise who should take some steps to quiet the situation.
: Getting a carpet is just one solution. 

: Most leases I've seen require tenants to have carpets over 80-90% of the 
: floor surface, so unless it's stabilized and the tenant can show carpeting 
: is a required service (where in such cases it would be the owner's responsibility), 
: then the tenant should simply get a carpet.


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