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Re: J.S.- Thanks for the tip.

Posted by TenantNet on February 05, 1999 at 05:52:07:

In Reply to: J.S.- Thanks for the tip. posted by DP on February 04, 1999 at 16:21:09:

The term "quiet enjoyment" is a misnomer. Commonly believed to be related
to audio/acoustic problems (lack of quiet), from what we've heard (but lawyers, please correct if wrong),
the term "quiet enjoyment" refers to enjoyment of tenancy rights, meaning
one's tenancy rights won't be challenged. This might be analagous to
a "free and clear title" to a house purchaser. Also noise might be
deemed a nuisance, it might better fall under the warranty of habitability.
Nuisance has other implications.

: : Actually, there IS an option. Check your lease for a provision that uses the term "nuisance" or "quiet enjoyment." If there is a provision regarding either, you may be able to invoke it.

: : Also, under both the common law and under statute, the landlord is required to protect every tenant's "quiet enjoyment" of the premises they pay rent for (your apt. and the common areas). Just as you can sue your landlord in Housing Court for failing to provide services or for repairs, you can sue the landlord to compel him to deal with a "nuisance" caused by another tenant. In effect, you are suing the landlord to get him to sue the other tenant for violating YOUR quiet enjoyment.

: : Another issue is that the lease may have a restriction on noise or certain kinds of activities (such as operating a business in the apt.). Even if the lease doesn't specifically restrict your neighbor's noise-making, the particular business going on might violate the local zoning. On either of these points you could try to get enforcement against the neighbor and/or the landlord.

: : I recommend that you talk to a tenant attorney (I am not one) if you can afford to, or get tenants rights info from any number of sources, including:
: : City-wide Task Force on Housing Court
: : Community Training and Resource Center
: : one of the local nonprofit organizations in your community
: : NYS Attorney General

:
: I'll definitely go over my lease with a fine-toothed comb and try the resources you mentioned.
: Thanks Again
: DP

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