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Hi there Brownstoner community,

While a number of people ask about breaking a lease, I’m having a hard time finding out what my rights are under the circumstances of living next door to an apartment in which a live band practices on a daily basis.

Since moving into my apartment March 1 of this year, I have experienced ongoing and very loud noise from my neighbors. I have spoken with both the on-site property manager and superintendent about this matter and they have been very active and helpful in working with me to resolve it.

The tenants of my next-door neighboring apartment play live music on multiple instruments in their apartment, including a full drum set, bass, guitars, keyboards, and microphones. They have verbally acknowledged to me that they have a full, live band that practices in their apartment as well as uses the space as a recording studio. But unfortunately the noise and live music is not limited to regular band practices, as the neighbors seem to pick up instruments at random times throughout the day and I find myself listening to the thud of their drums and bass for several hours at a time, five days a week.

When sitting on a sofa that is near the wall I share with that apartment, I can feel vibrations from their music, and I can also often feel the wall vibrating slightly.

Since I work from home, the ongoing and daily playing of live music interferes with my ability to work effectively. Additionally and perhaps most frustrating, their music frequently drowns out anything I listen to — whether it’s my television, my own radio, or telephone calls.

I spoke to these neighbors on four separate occasions within the first month that I lived here, and respectfully asked that they lower the volume of their music or turn it off altogether, but to no avail. I explained to them that because we share a wall, the music is so loud in my apartment that I can’t hear my own television or music because their music overpowers it. They responded by telling me that it is my problem, and that they have band practice and recording sessions. One of them yelled at me and let me know that I have “some nerve” asking them to turn their music down. With the exception of one resident out of the four total residents of the apartment, they have been unwilling to hear my requests or even discuss agreeing on some sort of compromise. I’ve asked them to simply let me know a few hours in advance when they are going to have band practice, but again, they have been unresponsive.

I have filed 10-15 noise complaints with 311 at the advice of the property manager (and have records of them) and when that didn’t help, the landlord sent a legal letter to the neighbors this summer (June / July) notifying them that they’re in violation of their contract.

The noise continues and I can’t deal with it anymore. My lease is up at the end of February 2010, and I want to leave no later than Dec. 1, 2009. But my landlord (Alma Realty) absolutely will not let me out of my contract.

What are my rights?

Does anyone have any advice for me?