Posted by Denise on April 21, 1999 at 12:40:33:
A new tenant moved into the apartment above me a few months ago.
From day one, he has played his music loud. I asked him to turn it
down and he would at first lasting a day or two and then the music
would be loud again. It got to the point where I would knock on his
door and he wouldn't answer it, he would just swear at me through the
door. Now he turns his music up louder when asked to turn it down.
I contacted my landlord who talked to this tenant. The tenant
tells my landlord that the music is not loud and he has never swore at me.
This past weekend I called the police who gave the tenant a warning
and explained that he needs to respect other people in the building.
My landlord has a clause in our lease prohibiting loud music/noise that
disturbs others peace and quiet. I raised this clause to my landlord and
asked him to enforce it. He said that it was subjective and he really
couldn't enforce it. I have as much right to quiet as the tenant has to
listen to loud music. I think he is doing this on purpose since he has
been told repeatedly of the problem. Short of moving, what are my rights
and alternatives? Do I have a right to make my landlord enforce his
lease? I fear that he will retaliate for my calling the police and he
will hurt me or my property.
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