Moderator: TenantNet
by tenantcatch22 » Mon Mar 16, 2009 9:51 am
by JohnMI » Wed Mar 25, 2009 2:19 pm
by TenantNet » Wed Mar 25, 2009 2:45 pm
by JohnMI » Wed Mar 25, 2009 2:55 pm
by TenantNet » Wed Mar 25, 2009 3:28 pm
Florida, 1987. A seller of patio furniture in a shopping center complained of loud music, screams, shouts, and yells coming from adjacent space leased to an exercise studio. Landlord acknowledged its obligation to remedy the situation, but did nothing. The noise was found to essentially deprive tenant of its beneficial enjoyment of the premises, resulting in a breach of the covenant of quiet enjoyment.
by JohnMI » Wed Mar 25, 2009 3:40 pm
by JohnMI » Wed Mar 25, 2009 3:55 pm
by tenantcatch22 » Wed Mar 25, 2009 3:56 pm
by JohnMI » Wed Mar 25, 2009 4:08 pm
tenantcatch22 wrote:The fact is, for all of your information, the landlord is responsible for providing me with 'quiet enjoyment' of my apartment.
In fact, it's clear to me that he doesn't want to take this the distance he should, and take legal action against them.
So, I called the police and the police told the neighbors to stop, particularly at the off hours (before 8 AM and after 10 PM). If they continue during 'regular' hours for long periods of time (which is what always happens), the police have told me to call them again.
The police agreed with me that I should document this in a certified letter to the landlord since the fact is, the landlord does have a responsibility to deal with this.
I need to show the judge that I've walked into this preexisting condition which the landlord will not rectify and which now renders that room nonrentable.
by tenantcatch22 » Wed Mar 25, 2009 4:20 pm
by JohnMI » Wed Mar 25, 2009 4:26 pm
tenantcatch22 wrote:You know - I've been a tenant for many, many years. Never have I been in a situation like this before. It's absurb to think that anyone can be held accountable (meaning me, the tenant) or should have to suffer this extreme volume of music.
You are not here. You don't know the situation. By spring, when their windows are open, the music will resonate outside.
You are wrong that the landlord is not liable in this situation. HE IS. There are noise ordinances and this is easy to document.
For those of you who think this is something that falls within the bounds of what's reasonable for a tenant to have to endure,
You will not hear from me again nor would I post other tenant questions on here in the future because of the bickering I heard in your responses. It would be counterproductive for me to do so.
by tenantcatch22 » Wed Mar 25, 2009 4:46 pm
by JohnMI » Wed Mar 25, 2009 5:09 pm
tenantcatch22 wrote:Dear John,
Thanks for your reasonable comments.
The landlord is responsible, by wording in the lease, to provide me with quiet enjoyment of my apartment.
The part that is the landlord's responsibility is that if the tenant is violating the code of the lease, then the landlord is called upon to restate to the tenant the code in the lease and demand that the tenant abide by it.
He apparently has said something verbally to the tenant, but he certainly has not taken the step to threaten to evict, which IS the power of the landlord in this situation.
Incidentally, as an aside, these tenants upstairs were found to have stolen electricity from the other upstairs tenants. They rigged an electric line from the other tenants apt. into their own. This was made evident when the electric bill of the other tenants was unusually high. It was reported to the repair person for our dwelling, who found the extra line in the basement. He did take pictures of it but I don't know if the landlord took legal action against the 'bad' tenant.
I have written a letter to the landlord informing him that I'm aware of this event and that I wanted reassurance that the appropriate legal action was taken against this tenant.
This tenant also puts his garbage out any day of the week, which is a violation of the town ordinance.
by TenantNet » Wed Mar 25, 2009 5:46 pm
by tenantcatch22 » Wed Mar 25, 2009 5:59 pm
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