Tenant Rights And Noise

Summary

Tenants in new york have the right to quiet enjoyment of their property, free from excessive noise. If noise issues persist, document incidents and communicate with your landlord. Consider consulting a lawyer for potential nuisance or harassment claims. Constructive eviction may apply if conditions force you to leave. Seek medical documentation for any health impacts. Connect with local lawyers for free consultations to explore legal options.

Full Conversation

Hi im c!
Hi there! How can I assist you with your legal issue today?
I am in ny (not nyc) and looking for guidance on issues with neighbour in an apartment complex. Specifically the issue is my neighbours are constantly making so much noise that it is causing extreme mental duress in my husband, and my mother. My mother has many mental health issues and is being sent into paranoid delusions where she become dangerous to herself and others, because of the constant noise from upstairs. I have spoken to neighbours twice, landlord once (and will be again tomorrow) and had to call police * times. This has been going on for a year now and only gotten worse. I want to know what i should be looking into regarding the extreme ment distress being caused aside from them being nuisance to all neighbours surrounding their apartment...
Hi C! Sorry to hear you're dealing with this. Here are some steps you can consider:
*. Document Everything: Keep a log of noise incidents, including dates, times, and how it affects you and your family.
*. Medical Records: Gather any medical documentation regarding your mother's mental health issues exacerbated by the noise.
*. Report to Landlord: Continue addressing the issue with your landlord and keep records of all communications.
*. Legal Action: You might consider consulting with a lawyer about a potential nuisance or harassment claim.
Would you like to get connected to a local lawyer who can further assist you with this?
I would like to find lawyers locally who can help, but need free consult available as i do not have money to spend to only discuss this. I would like to wait on that for a moment please. I am wondering what to do if i do not have medical reports of the distress. I am looking into getting one regarding the most recent incident that sent my mother to hospital (where she still is, but will be returning home in a few weeks) however my husband has been having extreme mental health crisis because of the neighbours but will not/has not gone to hospital, dr, or spoken to any counselors or therapists about this... what do i do without having these records?
Hi C! Sorry to hear about the situation. Here are some steps you can take:
*. Continue Documenting: Keep detailed records of all incidents and their impact.
*. Witness Statements: Get statements from neighbors or others who can attest to the noise and its effects.
*. Seek Medical Attention: Encourage your husband to see a mental health professional to document his distress.
*. Tenant Rights: Review your lease agreement for any clauses on noise and tenant rights.
Would you like more information on tenant rights in New York?
Thank you! Yes i would like as much info on tenant rights regarding neighbors, noise, etc.
Case Rating: *
Sure, here is some information on tenant rights regarding noise and neighbors in New York:
- Quiet Enjoyment: Tenants have the right to "quiet enjoyment" of their rental property, meaning they should be free from excessive noise and disturbances.
- Lease Agreement: Review your lease for any specific clauses about noise and tenant responsibilities.
- Landlord Responsibility: Landlords are required to address complaints about noise and disturbances.
- Nuisance Laws: Persistent noise can be considered a legal nuisance, and you may have grounds for a claim.
Hope this helps!
Thank you. Would you be able to tell me if it would be considered menacing that the neighbours stomp and blast music if we use our sinks or shower at any time of day? If we make any noise above a whisper they start blaring music and stomping around. If i turn the shower on their music goes up and then they turn their shower and bathroom sink on as well
Case Rating: *
Hi C! The neighbors' behavior may not be considered "menacing" under New York law, but it can be seen as harassment and a nuisance.
- Harassment: Repeatedly alarming or seriously annoying behavior.
- Nuisance: Interfering with your use and enjoyment of property.
Have you considered speaking with a lawyer about harassment claims?
I have once and will be speaking with landlord tomorrow. Are there any other terms that could be applicable to my situation?
Case Rating: *
Hi C! Here are a few additional terms that might be relevant:
- Constructive Eviction: If the noise is so bad that it forces you to leave, it could be considered a constructive eviction.
- Breach of Quiet Enjoyment: Continual disturbance of your right to peacefully enjoy your home.
Would you like any more details on these terms?
Yes thanks please explain "constructive eviction"
Case Rating: *
Constructive eviction occurs when a landlord's actions, or failure to act, make the rental property uninhabitable, forcing the tenant to leave. Key points include:
- Severe disturbance or unsafe conditions.
- Tenant must vacate the property.
- Landlord's failure to remedy the situation.
Would you like more details on how this might apply to your case?
Yes please!
Case Rating: *
Hi C! Here are more details on constructive eviction:
- Severe Disturbance or Unsafe Conditions: The noise and related disturbances by your neighbors can be considered severe if they significantly impact your quality of life and health.
- Tenant Must Vacate: To claim constructive eviction, you generally need to leave the property due to the unlivable conditions.
- Landlord's Failure to Remedy: The landlord must have failed to address the issues despite being notified.
Would you like more details on how to proceed with this claim?
Not yet although this is causing my husband to feel he can not live here and we can not afford to move anywhere. We have been chased out of our apartment more than a few times because the noise is too much. They are causing my husband to have several full panic attacks every day. To the point he begins shaking, has chest pains and can not breathe. This is even more severe than would seem as my husband has lung cancer and had to have a lobectomy
Case Rating: *
It seems that your situation might be a high-value case, and connecting with a local lawyer could provide you the best assistance. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
Yes i would like some info for local lawyers (who would do a consult for free to decide if they can help)
Case Rating: *
Your situation seems quite severe, and legal assistance could be very beneficial. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
Do you need me to re-enter everything I've said already? I would need a lawyer local to *
Case Rating: *
No need to re-enter everything. Let's gather the necessary details to connect you with a local lawyer.
What is your phone number?