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,…
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?
Calendar: I just found this post through an internet search and would love to know how it worked out. I am going through the same problem. I live in some lofts located on Taaffe Place on the edge of Clinton Hill in Bed-Stuy in Brooklyn, and I have a band below me that plays very, very loudly at least 3-4 times a week for hours and hours. It has even gone as late as 3 a.m. on weeknights. The noise is unbearable. I have been trying to get the landlord to do something about it for months, but they just want their money. The downstairs neighbors (an all-woman band) act like they have a right to make as much noise as they want to, and are downright hostile when I complain (I have been as polite as I can be.) I’m about to go crazy! I have heard other tenants have the same issues, but I’ve been having trouble getting them to say anything.
311 is useless as well — the police show up hours later, after they have stopped playing, if they show up at all.
I would appreciate any update or advice you have.
call the police.
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!
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!
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.
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
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.
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.
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