QUESTION
Possible violation of the lease agreement, noise
Asked on Dec 26th, 2023 on Real Estate - New York
More details to this question:
I urgently require legal assistance concerning ongoing issues in my apartment. Repeated flooding from the upstairs unit has caused significant $1500 property damage. Despite my requests, the landlord hasn't resolved this, making my living space uninhabitable. Additionally, constant disturbances from upstairs, including excessive noise and disruptive activities, severely impact my quality of life. I can barely sleep four hours a night here compared to elsewhere. There's also a concerning history of incidents in the upstairs apartment, raising doubts about the landlord's management practices and oversight. I aim to secure my rights, address lease breaches, resolve property damage, explore relocation options within the building, and seek appropriate compensation. Your legal guidance and representation are crucial in this matter.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
If you haven't already done so, you need to immediately inform your landlord of all the problems in writing and demand that your landlord address them and demand reimbursement and a rent abatement. Your lease likely has a clause requiring carpeting so you're entitled to know whether your upstairs neighbors are in compliance. If they are not your landlord must ensure that they install carpeting. Take videos documenting the noise level, time and length of disturbances. If you have renter's insurance, make a claim if the damage exceeds your deductible. If all else fails stop paying rent and let the landlord take you to court, keeping in mind that if you're found to be in the wrong you may end up paying the landlord's legal fees. That being said, if your lease is coming up for renewal and you don't plan to stay, your landlord might not pursue you for back rent if you agree to leave. Determining the best response to your problem requires more information on how long you intend to stay based on the length of your lease, assuming the problems are resolved.
Answered on Jan 01st, 2024 at 11:14 AM