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  1. #1
    Join Date
    Jul 2013
    Location
    Allentown, New York, United States
    Posts
    2

    Angry How to Stop My Neighbors From Playing Loud Music at Night

    My question involves landlord-tenant law in the State of: New York, in the City of Buffalo, in the county of Erie.

    I live in the city of buffalo, and the apartments in the area are close to each other.

    My neighbor behind my home sits perpendicular to my own, the have it about 50 feet from their street, so their home frames my backyard, with an additional 2 fences framing out my yard, which I share with another neighboring apartment.

    We both rent out our apartments, and we have the same landlord.

    When the issue first started with the noise, it was very late at night 3am, 4am. I called my landlord the next day to let him know. He said he had gotten a ticket about them, before about their noise from their stereo system. (not from me) he said that anytime they make noise to just call him. My landlord which is a very nice, if slow, older gentlemen. And although i call him late at night, (they always play their music between 11pm and 6am) he just doesn't wake up to my calls, or return them the next day. He has asked that i call him instead of the police. I usually don't mind until i try to go to bed.

    After several calls to him at late night hours, with no response, i got fed up, and called the police. Now every time they blast their stereo so loud to rattle my home, I call. The police must have been there at least 12 times in the past few months ; And they just keep going.

    I love my apartment, i live close to my work, and the best part of the city. I guess my question comes down to, what do i do now? should i write my landlord a letter? Should i file a noise complaint somewhere? is there something i can do? I dont want to move anywhere, iv'e been here over a year, and i like it.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    12,399

    Default Re: Noisy Neighbors

    You continue to call the police. If they do not solve the problem, you move, when your lease is up.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
    Join Date
    Oct 2006
    Posts
    4,625

    Default Re: How to Stop My Neighbors From Playing Loud Music at Night

    Quote Quoting HelpTiffy
    View Post
    My question involves landlord-tenant law in the State of: New York, in the City of Buffalo, in the county of Erie.

    I live in the city of buffalo, and the apartments in the area are close to each other.

    My neighbor behind my home sits perpendicular to my own, the have it about 50 feet from their street, so their home frames my backyard, with an additional 2 fences framing out my yard, which I share with another neighboring apartment.

    We both rent out our apartments, and we have the same landlord.

    When the issue first started with the noise, it was very late at night 3am, 4am. I called my landlord the next day to let him know. He said he had gotten a ticket about them, before about their noise from their stereo system. (not from me) he said that anytime they make noise to just call him. My landlord which is a very nice, if slow, older gentlemen. And although i call him late at night, (they always play their music between 11pm and 6am) he just doesn't wake up to my calls, or return them the next day. He has asked that i call him instead of the police. I usually don't mind until i try to go to bed.

    After several calls to him at late night hours, with no response, i got fed up, and called the police. Now every time they blast their stereo so loud to rattle my home, I call. The police must have been there at least 12 times in the past few months ; And they just keep going.

    I love my apartment, i live close to my work, and the best part of the city. I guess my question comes down to, what do i do now? should i write my landlord a letter? Should i file a noise complaint somewhere? is there something i can do? I dont want to move anywhere, iv'e been here over a year, and i like it.
    The only thing that I can think of other than what you are already doing is to buy earplugs and hope that the landlord will not renew their lease.

  4. #4
    Join Date
    Jul 2013
    Posts
    6

    Default Re: How to Stop My Neighbors From Playing Loud Music at Night

    In most circumstances, you cannot hold a landlord responsible for the actions of other tenants. Brauer v. Kaufman, 72 Misc. 2d 718, 339 N.Y.S.2d 373 (N.Y. City Civ. Ct. 1972). However, where the landlord implicitly or expressly authorizes the creation of a nuisance by another tenant or the doing of any other act by such tenant which would constitute a breach of the covenant of quiet enjoyment if done by the landlord, the landlord is ordinarily liable to the tenant for breach of the covenant of quiet enjoyment. House of Chan, Inc. v. Dyckman, 14 Misc. 2d 595, 155 N.Y.S.2d 616 (Sup 1956).

    Its a tough argument to make and you would probably need a lawyer to make it work.

  5. #5
    Join Date
    Jul 2013
    Location
    Allentown, New York, United States
    Posts
    2

    Default Re: How to Stop My Neighbors From Playing Loud Music at Night

    Thanks for the advice everyone. I'm gonna end up hiring a lawyer.

  6. #6
    Join Date
    Jul 2013
    Posts
    9

    Default Re: How to Stop My Neighbors From Playing Loud Music at Night

    Don't know if they'll even mind but blast the music and leave for the weekend?

    It seems there is a lot of room for people to annoy the crap out of others with no punishment.

  7. #7
    Join Date
    Aug 2013
    Posts
    4

    Default Re: How to Stop My Neighbors From Playing Loud Music at Night

    I would recommend that you look up the code ordinance for your area. That is your first line of defense.
    I would bet that there is nothing in your city code about "loud music" unless it pertains to some sort of street activity (like a carnival)
    Where you will most likely find what you are looking for is under "loud and/or unusual noise" or something to that effect.
    When you call the police on this neighbor, simply state that it is a noise complaint and for how long it's been going on. They will ask you what kind of noise and then be specific, adding how long it's been going on. (an hour, two...whatever)

    Secondly, and this is the harder part. I would document everytime you end up calling the police, and be patient and continue logging the calls for proof.
    Date, time, reason (obvious) and WHO YOU SPOKE TO AT THE POLICE DEPARTMENT.(very important)

    After a month or so (told you it was the hardest part) I would sit down and write a letter to your landlord and provide a copy (save the original) of all the violations that these folks have done and request (kindly) that he take care of it.
    In the meantime, I would write a second separate letter and make copies and send it to the police department, the mayor, the city manager, the code enforement and a few of your local papers and maybe even your local news.. Be professional, be 'detached' (as though you are writing for someone you dont know.) Let the police, the mayor, the city manager and the code enforment know that a copy of this particular letter has been sent to the paper as well as the news.

    See what happens.

    Give it a week or two and if no reply from anyone, break out the camcorder and make sure you have a good mic on it to pick up the sound. Send a copy of that along with the original letter to your landlord and the news.

    See what happens.

    It is a violation when you are forced to listen to this, so look at it as that.

    If everything is done correctly, the police should notify your landlord to take care of it...the fact that you are notifying your landlord as well (and documented as such) will mean that he had better take care of it.

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