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October 27, 2009
Tenant Rights: Band as Neighbors
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?
Comments
At the very least I think you'll need a lawyer to send a letter to the LL stating why you will not be paying rent until they solve this problem (not so much that you are moving out).
Do you have a copy of this letter the LL sent to the band? That would be a golden piece of evidence in a "constructive eviction" proceeding. The 311 records and witnesses to conversations with the super and manager regarding the noise will help also.
Once the LL is presented with enough evidence that he has been lax in protecting your "right to quiet enjoyment" it is likely that he would simply void the lease instead of having you live there rent free which you will happily agree to.
Posted by: modsquad at October 27, 2009 6:27 PM
You must live in Williamsburg. What were you thinking?
:-)
Posted by: denton at October 27, 2009 6:41 PM
I actually don't live in Williamsburg, believe it or not. Though it does sound like a very Williamsburg problem!
Posted by: calendar at October 27, 2009 7:04 PM
modsquad, i am so fed up with the situation that i do want to break the lease and move out -- i don't want to give them any more chances. they've had plenty... i have records of my 311 calls dating back to march / april. so are you saying that the best way to go about that is to simply NOT ask to break my lease, but to tell them that i'm going to withhold my rent until it's better? could i let them know i'm going to withhold my november rent with plans of moving out by the end of november?
Posted by: calendar at October 27, 2009 7:07 PM
Wow, this must mean their music is SO important artistically they are entitled to do whatever they need to get their glorious sounds recorded. Even if it ruins their neighbors' day to day lives. What morons.
Do hire a lawyer to write a letter as was recommended. It would save you money and of course your sanity in the long run to have an attorney get out of your lease. We had to endure bad neighbor noise for months once and anybody who hasn't experienced it has no idea how severely it affects quality of life. I thought I would go crazy. Good luck.
Posted by: traditionalmod at October 27, 2009 7:23 PM
Send a letter and plan your exit. You have every right to leave, the LL has failed miserably and one of them got confrontational. Also I wouldn't hold back rent without triple checking my lease.
Posted by: jack slade at October 27, 2009 11:00 PM
Calender, the point is you need a legal reason to break your lease and stop paying your rent immediately. Demanding that the problem be fixed does not prevent you from moving out. Essentially the LL has already broken the agreement but it is up to you to spell it out legally the reasons why. It is also possible that a good lawyer could bring a constructive eviction action against the LL and sue for moving expenses too.
I see no way to simply walk away without responding legally to the situation if what you say is true about not letting you out of your lease.
You could do a letter yourself with all the evidence you have and pile on some extra expenses and if the LL has an honest lawyer he would advice his client to let you go, it's not worth suing over a few months rent.
Posted by: modsquad at October 27, 2009 11:19 PM
Get that letter! Sounds like you have the chutzpah to go ask the band members for their copy. Convince them that they'll be free of their pain in the ass music hating neighbor.
Posted by: modsquad at October 27, 2009 11:23 PM
Under a provision of NYS law called the "Warranty of Habitability" tenants are entitled to an apartment fit for human habitation without any conditions endangering or detrimental to their life, health, or safety. The text is available here: http://law.onecle.com/new-york/real-property/RPP0235-B_235-B.html
No matter how bad you find your situation, it is NOT guaranteed that you will be able to prove a breach. In order to succeed, you'll need to be able to establish unreasonable, excessive and continuous noise. Start keeping a log of the time of day, the duration, the unpredictability, etc. It will also help if you can document similar complaints from other building tenants, as well as obtaining a copy of the letter your LL sent to the neighboring tenants.
In addition, if the neighboring tenants are truly using their apartment as a recording studio, there's a good chance they are violating a prohibition against commercial use of residential premises.
Before you assume you can break your lease without penalty, pay a visit to the free Help Center at Kings County Housing Court: 141 Livingston Street. See also: http://www.courts.state.ny.us/courts/nyc/housing/pdfs/tenantsguide.pdf
Posted by: vinca at October 28, 2009 1:31 AM
It sounds like the exact thing that happen to me. We had tenants below us that were also using the apartment as a recording studio. It was unbearable. We sent letters (certified), made complaints, tenants were abusive, etc. It also disturbed the tenants above us and they complained. The owner kept saying he was trying but nothing happened. It literally went on for many months. We decided to withhold our rent, the landlord sued us and we countersued for damages for breach of the "warranty of habitability" and for attorneys' fees. It went to trial, our neighbors graciously testified on our behalf, we testified, the super was cross examined by our attorney about our complaints. We won and our attorney was even awarded attorneys fees. Perhaps we got lucky. But I just wanted to let you know it can be done. Make sure your lease allows you to sue your landlord or countersue, sometimes they expressly take the right away from you.
Posted by: broker at October 28, 2009 9:26 AM
Broker, my lease is a standard NYC lease. Was your lease the same? I don't understand how the right to sue could be taken away under these circumstances -- that's nuts.
Could you recommend to me who you used for your lawyer? I am thrilled to hear that you won in court.
I don't have evidence of tons of letters sent to the landlord, with the exception of emails sent to their in-house legal person, but the superintendent and on-site property manager are well aware of the problem and could testify in court if necessary and I also have friends who've been in the apartment during the noise and I suppose they could also testify.
Posted by: calendar at October 28, 2009 9:40 AM
Wow - your living situation sounds awful
If it was me - I would just move considering that you have asked nicely and not so nicely for your wannabe rockstar neighbors to curtail the music.
seriously though - they are the ones being inconsiderate. I could understand a few hours a day a couple times a week. But all hours of the day/night and every day - come on - you are SOOO not getting a record contract, you losers -go get a job
(sorry!)
anyway I agree start by obtaining a RE lawyer who can at the least review your lease to see what rights you do have and also to start documenting the noise
Posted by: gemini10 at October 28, 2009 9:41 AM
Documentation is key - print out the emails, keep a detailed diary & try to get copies of correspondence. Send registered letters today. Also get a lawyer.
Posted by: Arkady at October 28, 2009 9:46 AM
I am sorry Calender, the attorney I used no longer works in Brooklyn. He is strictly in Manhattan now. I would still send a certified letter now, detailing the entire history to them of your complaints, how many times you complained in person or by email. Write it up like a list of what you have in past tried to do to get them to stop these tenants. I would end with saying that they have breached "warrantly of habitability" and that you are going to act accordingly since they have been incapable of rectifying the situation. That way, should this end up in court (i.e. you move before the lease is up and then they find where you moved and sue you for the remainder), you will have conclusive documentation showing at least that they were on notice of the problem. Good luck!
Posted by: broker at October 28, 2009 12:57 PM
one last question for you, broker. i've retained a lawyer and feel much better about things, but a friend of a friend who went through a similar experience said that while she won in court and got out of her lease, she is now unable to enter a lease in NYC in her own name.
has that been your experience, as well, broker?
thanks again for the insight!
Posted by: calendar at October 30, 2009 12:48 AM
call the police.
Posted by: mrsfoil at October 30, 2009 10:53 AM
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