new jersey apartment laws (Elizabeth: apartments, lease, work)

[pinkyswear]

ok so heres my issue

maybe someone here can lead me in the right direction

when i moved into my apartment is was nice and quiet...never had any issues for teh first year or so.now for about the past 7-8 months the people below me blast there music all the time including while i am trying to sleep.i have tried to talk to the landlord about moving to a different apartment in the complex but thats not a option.they said i would have to file a complaint in which would go to court.i dont have time to go to court.

what are nj apartment laws as per noise problems.

[nic529]

I believe the noise ordinance law is before 7am and after 10pm, not sure how that works for apartments though. It may be stricter. I would think your landlord is correct, you'll probably need to file a complaint.

[pinkyswear]

Originally Posted by nic529

I believe the noise ordinance law is before 7am and after 10pm, not sure how that works for apartments though. It may be stricter. I would think your landlord is correct, you'll probably need to file a complaint.

yeah ill probally have to go about filing a complaint

alot of times its after 10 pm...once in a while it will be earlier but to a point where my floor is shaking

[CuCullin]

Originally Posted by pinkyswear

yeah ill probally have to go about filing a complaint

alot of times its after 10 pm...once in a while it will be earlier but to a point where my floor is shaking

You could also ask your landlord about acoustically isolating building materials - ie, if you're going to get some new carpet, you get a bit of extra padding that deadens the sound. Only works out if youre getting work done though.

Other than that, definitely file a complaint, thats about all I know of that you can do.

[nic529]

If its after 10 pm then all you have to do is call the police. I don't know if I would take that lightly though. Personally, I would try talking to them first....maybe they don't realize how loud it is. Let them know it bothers you. I would only call the police or file a complaint if all else fails....after all.....they are your neighbors...and for now at least - you do have to live next to them. Good luck.

[brookdaleresident]

What does your lease say about it? The landlord must enforce the rules contained in the lease. Is this tenant bothering others in your building as well?

LSNJLAW - E: Chapter 4: Leases

Maintaining order
A lease requires the landlord to make sure that each tenant respects the rights of other tenants. If one tenant is disturbing the other tenants by playing loud music at night or destroying the property, it is the landlord’s responsibility to make that tenant stop. Cite: Gottdiener v. Mailhot, 179 N.J. Super. 286 (App. Div. 1981). But in order for the landlord to be held responsible for any damages suffered by the tenants, one of the tenants must tell the landlord about the situation. Cite: Williams v. Gorman, 214 N.J. Super. 517 (App. Div. 1986), cert. denied, 107 N.J. 111 (1987).

[pinkyswear]

i am going to have to go back to the lease and review the information...as of looking at this i see that the landlord must make it stop

Originally Posted by brookdaleresident

What does your lease say about it? The landlord must enforce the rules contained in the lease. Is this tenant bothering others in your building as well?

LSNJLAW - E: Chapter 4: Leases

Maintaining order
A lease requires the landlord to make sure that each tenant respects the rights of other tenants. If one tenant is disturbing the other tenants by playing loud music at night or destroying the property, it is the landlord’s responsibility to make that tenant stop. Cite: Gottdiener v. Mailhot, 179 N.J. Super. 286 (App. Div. 1981). But in order for the landlord to be held responsible for any damages suffered by the tenants, one of the tenants must tell the landlord about the situation. Cite: Williams v. Gorman, 214 N.J. Super. 517 (App. Div. 1986), cert. denied, 107 N.J. 111 (1987).

[brookdaleresident]

pinkyswear, I worked in NY and NJ managing apts, but that was a while ago so my memory may not be the best...but...I do remember sending tenants letters to "cease and desist" (possibly in NY). The landlord can do something. I would bet others are bothered by the noise also; it might pay for you to try and find out. good luck!

[pinkyswear]

Originally Posted by brookdaleresident

pinkyswear, I worked in NY and NJ managing apts, but that was a while ago so my memory may not be the best...but...I do remember sending tenants letters to "cease and desist" (possibly in NY). The landlord can do something. I would bet others are bothered by the noise also; it might pay for you to try and find out. good luck!

i appreciate the help...thanks

i guess you can say like everyone we all want our quiet sometimes...

[RobRiguez]

We had this same problem when i was living in Elizabeth. I dont know if its a city rule or state rule but it seems most places its nothing more than "normal living noises" between 10pm and 7am. Then you and your landlord have the right to ask them to stop. Other then that its based on whats in your lease. Mine specifially said that NO noise should be lound enoughas to disturb your neighbors. If it is you must stop or lower the volume or whatever. Some leases also say you must have padded carpeting covering 70% or more of the floor to both help deaden noise comming from below and help the people below by padding you walking around and making your own noise.