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Posted by Israel on May 11, 1999 at 17:01:01:

In Reply to: Quiet Enjoyment - can I deduct rent if violated? posted by Joseph Chan on May 06, 1999 at 22:50:52:

Can you deduct a portion of the rent? No... Only a Housing Court Judge can grant you a rent reduction. If you feel you must confront your landlord in court please have documentation stating you have notified the landlord of the problem (always send certifed mail) and present yourself in a business like manner. Renting property can be a friendly or horrible experience.

: I live in the ground floor of a brownstone that is otherwise occupied only by my landlords and their four kids. Before I moved in, the LL assured me that the kids slept until 7am on weekdays and 10am on weekends. This was of primary concern to me because their dining area/kitchen is right above my bedroom and I didn't want to be woken up by their running around, etc.

: Since moving in five months ago, I've been woken up every Saturday and Sunday by noise, usually around 8am but often earlier. I've complained several times, but they refuse to do more than install a mat on the floor above me, which is inadequate. They've offered to let me out of my lease, but I can't afford to find and move into another apartment right now.

: Is this a violation of my right to quiet enjoyment? Can I legally and unilaterally deduct some portion of rent until the problem is addressed? They refuse to lower the rent to compensate me for living with the noise.

: Any advice would be appreicated.

: Joe

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Comments:
: Can you deduct a portion of the rent? No... Only a Housing Court Judge can grant you a rent reduction. If you feel you must confront your landlord in court please have documentation stating you have notified the landlord of the problem (always send certifed mail) and present yourself in a business like manner. Renting property can be a friendly or horrible experience.


: : I live in the ground floor of a brownstone that is otherwise occupied only by my landlords and their four kids.  Before I moved in, the LL assured me that the kids slept until 7am on weekdays and 10am on weekends.  This was of primary concern to me because their dining area/kitchen is right above my bedroom and I didn't want to be woken up by their running around, etc.  

: : Since moving in five months ago, I've been woken up every Saturday and Sunday by noise, usually around 8am but often earlier.  I've complained several times, but they refuse to do more than install a mat on the floor above me, which is inadequate.  They've offered to let me out of my lease, but I can't afford to find and move into another apartment right now.

: : Is this a violation of my right to quiet enjoyment?  Can I legally and unilaterally deduct some portion of rent until the problem is addressed?  They refuse to lower the rent to compensate me for living with the noise.

: : Any advice would be appreicated.

: : Joe


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