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Pets in with a No pets lease

NYC Housing Court Practice/Procedures

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Pets in with a No pets lease

Postby tetana » Sun Feb 06, 2011 6:12 pm

My lease says no pets yet my upstairs neighbor has a very large dog that tears through the apartment waking me up at all hours.

Can I sue the management company for allowing a large dog in the apartment when the lease says NO PETS?
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Postby TenantNet » Sun Feb 06, 2011 7:38 pm

Your lease might say No Pets, but do you know for certain the upstairs neighbor's lease also says the same thing? Don't assume.

Even if it does, the LL might have waived its right to object if the tenant has had the pet for 3+ months. Read the material on this site regarding pets.

Aside from all that, you have a right to have reasonable quiet. Have you spoken to the tenant? Do they have carpeting? Is the pet aggressive? Noise complaints are the most difficult to litigate. Some tenant lawyers will refuse to take these cases as it's hard to prove, not only on the noise itself, but on the impact on you.
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Postby tetana » Sun Feb 06, 2011 8:26 pm

I don't know what their lease says but the doorman said the building is allowing small dogs given that there's no cement between the floor/ceiling.

I've tried speaking to the tenants who are college students but each time I do they retaliate and pound on the floor.

they have some very thin carpeting but not in key areas like the entry. The dog is a young, large and very hyper dog. They make is worse by throwing him balls at !am in the morning. He jumps from the steps into the sunken living room and it feels like the ceiling will come crashing in.

I'm rent stabilized and the mgmt company wants me to move out. When another market value tenant complained about their upstairs neighbors foot steps being too loud the mgmt company offered to buy the upstairs tenants thincker padding and carpeting to ease the noise.
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Postby TenantNet » Sun Feb 06, 2011 11:32 pm

I just realized this is a continuation of an earlier thread. Please direct further posts on this to the original thread.
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