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  1. #1

    Default Landlord Refuses to Rectify Pre-Existing Problem

    New Jersey.....rental is a multidwelling; a private house divided into three apartments.

    My housemate and I are on the main level. Above his bedroom, is a tenant who plays music excessively loud. I cannot get cooperation from the tenant, the landlord or the police to modify this problem. The landlord has been notified by certified mail of the ongoing nature of this problem and my calls to the police. I have gotten no further cooperation from the landlord.

    My housemate may leave. If he does, I may have difficulty rerenting this room because of the problem from upstairs. In addition, the landlord could also refuse my request to replace my current housemate.

    What are my rights given the problem of this upstairs noise and possible difficulty in rerenting? What do I do if the landlord refuses me the right to replace my housemate? (I would not be able to afford the rent on my own.)

    Thank you.

  2. #2
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    Default Re: Landlord Refuses to Rectify Pre-Existing Problem

    Other tenants make noise.

    What do you think your landlord can do that has not yet been attempted?

  3. #3

    Default Re: Landlord Refuses to Rectify Pre-Existing Problem

    What do I think my landlord can do? What am I supposed to do???? This room has music played from above for hours at a time. It is heard at a high volume into the room I'm describing.

    What am I supposed to do if I can't rerent it? I'm going to be stuck with this lease with a rent I cannot afford on my own and the landlord would be legally entitled to sue me for this money? But, he has no responsibility to rectify this problem?

    He can remind the tenants of the rule of 'quiet enjoyment' and that they're violating mine.

    You know, what I find unbelievable about this situation is that everyone concludes that there is little they can do, from the police, to the landlord, to you. Yet, it was perfectly legal for him to rent me this apartment which cannot be used in the manner intended and which I must pay for.

    Something doesn't wash here.

  4. #4
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    Default Re: Landlord Refuses to Rectify Pre-Existing Problem

    If you can't prove that there's a problem, the police can't find evidence of a crime or noise ordinance violation, and you can't even imagine anything the landlord could do to solve your problem, what do you expect us to say?

  5. #5

    Default Re: Landlord Refuses to Rectify Pre-Existing Problem

    What do you mean there's no evidence of a problem???? I've had witnesses to the problem. The police have heard it (some have told the tenants to stop and others have told me there's nothing they can do - so I get conflicting info. from them). The landlord did tell them to stop but they haven't and the landlord tells me there's nothing more he can do. That's absolutely not true.

    In my original statement, I let you know that there was this problem to which no one, from the landlord, to the police to the tenant are WILLING to do anything. That doesn't mean there's not a problem.

    The fact is that the landlord allowed me to sign a lease, which has a clause about 'peaceful enjoyment of my apartment' in it and as far as I'm concerned, HE'S in violation of his contract with me - because that noise from upstairs certainly does not constitute a situation of quiet enjoyment.

    So, please don't respond to a situation such as this with comments like 'all tenants make noise'. There's lots of noise above my side of the apartment. in fact, enough so that I have to use a noise machine to deflect it so I can sleep through the night. But these noises are normal noises of living and I wouldn't complain about it. The problem I'm talking about is amplified and overly loud electric guitar or rock music on a CD which is heard at much to high a volume into my apartment in the bedroom below their livingroom.

    If you don't know of anything that can be done, that's fine.

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