Restaurant with garden, liquor, and late hours going in right under my bedroom window

I moved into an apartment on Franklin Ave a year ago, and its great. While it can be loud in the front of the apartment that overlooks the street, the back of the apartment–where my bedroom is located–is nice and quiet. Well, it was, anyway. A new Italian restaurant is going in next door (liquor license application in the window) and they are currently building a back garden. I’m worried about the noise and wondering if I have any recourse with my landlord re: rent. I’m just about to sign a new lease, but in a few months, I am moving to a larger unit across the hall–with even more windows overlooking the new garden restaurant. I’m excited about the move, but don’t want to miss a negotiation opportunity on the new rent. The management company already told me that when I go across the hall the rent on that unit will increase 18% (the max allowable–the building is rent stabilized) from what the current tenants pay, because “that’s what they can get for these apartments now.” And they will not agree to a lease assignment, even though those tenants will have 9 more months on their lease. Any insight here? Apparently the owners of our building came by when I was at work to tell everyone about the new restaurant. I can’t figure out why they would do that if they’re not making any concessions for current tenants who will suddenly be living in a very different environment.

andecross

in Landlord 12 years and 3 months ago

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brokelin | 12 years and 3 months ago

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You know, there are generally rules as to when they have to have people NOT seated on the patio at night, so if your concern about noise is for sleeping, and you don’t go to bed early, that may not be a problem for you.  There are other problems restaurants cause, though, besides the sounds of patrons seated on the patio.  There can be very loud AC fans to vent the kitchen; there can be constant smells of food cooking. Find out about the rules on noise, decide what you can live with, and decide if you want to take that new place in the building or move somewhere more quiet.  I know I’d never want to live above a restaurant patio, and would be looking for new place.

webby1000 | 12 years and 3 months ago

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This is absolutely not a negotiation opportunity for you.  In fact, the landlords might be thrilled with the new garden restaurant, because it will cause more turnover in their rent stabilized apartments and enable them to keep up with the market.   Forget the landlord–ask yourself if it will be worth living with this environment at any price.