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Old 10-28-2013, 09:29 PM
 
37 posts, read 124,777 times
Reputation: 24

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I have just about had it with the tenants above me..They deliberately drop heavy items and permit the children to run at will all through the apartment, stomping in place and jumping I guess from furniture.

I have written to them, talked to them in person in their apartment and in mine, spoke and wrote to the management office, tried mediation which only was effective for a few months.

I have read you can sue in Small Claims Court and wondering if anyone here had done it and what the outcome was.

Also, I understand you can sue more than one person but does it matter that they do not appear on the lease?

Thank you for all the help you can give me.

Magdamary
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Old 10-28-2013, 09:35 PM
 
2,848 posts, read 7,577,420 times
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Sue for what? What are your damages?
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Old 10-28-2013, 09:41 PM
 
37 posts, read 124,777 times
Reputation: 24
I have read on sites which give legal info that you can sue for up to $5,000 in NYC if:

You can show:
  • There is excessive and disturbing noise.
  • The person you are suing is either creating the noise or is the landlord and therefore responsible.
  • Your enjoyment of your home is affected.
  • You have asked the person to stop the noise.
To prove your case, use police reports, witnesses, your own testimony, or even a recording.


This is why I wonder if anyone has gone thru this.
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Old 10-29-2013, 07:35 AM
 
5,113 posts, read 4,959,205 times
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Sorry OP...it is such a pain to deal with these low class animals...i had that experience in public areas, which I had the option of moving away from them at will...but when you are bound to a leased apartment, you have to live and deal with it. There are so many "people" in NYC who do not understand what "being considerate of others" means, which makes life in NYC very rough from time to time. No legal advice for you, but just wanted to chime in with support to you in your fight against those low lives.
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Old 10-29-2013, 08:11 AM
 
37 posts, read 124,777 times
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Leoliu, thank you..It is indeed very hard especially when management does nothing but send letters with no teeth to them..Sigh.....
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Old 10-29-2013, 08:32 AM
 
1,786 posts, read 3,460,429 times
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Quote:
Originally Posted by magdamary View Post
Leoliu, thank you..It is indeed very hard especially when management does nothing but send letters with no teeth to them..Sigh.....
I'm on your side in this matter too. I absolutely despise inconsiderate people. Listen, just as a thought, have you considered suing the Management Company/Landlord for not providing you with a quiet space during certain hours (as required in your lease)? I'm assuming you have kept copies of all your letters to the Management asking for their involvement? You might get more traction taking that tact rather than going after an irresponsible tenant who doesn't seem to care anyway.

Also, on CD, go to the Real Estate section and under that there is a Renting thread. There are some very good people on that board (tenants with the same experience, landlords, etc.) who might have some good advice for you if you post.

Best of luck to you. I really sympathize.
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Old 10-29-2013, 08:48 AM
 
37 posts, read 124,777 times
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Thank you cokatie..It is an idea I have been thinking about also (suing the Management Office) but doing that concerns me wondering if there will be payback somehow. All I am thinking about is at the what to do stage...I don't want to do the wrong thing and money is not available for lawyers. I will go to the Real Estate section and read up on everything...Thank you for pointing it out to me.
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Old 10-29-2013, 01:02 PM
 
Location: Bergen County, NJ
9,847 posts, read 25,235,134 times
Reputation: 3629
Quote:
Originally Posted by magdamary View Post
I have just about had it with the tenants above me..They deliberately drop heavy items and permit the children to run at will all through the apartment, stomping in place and jumping I guess from furniture.

I have written to them, talked to them in person in their apartment and in mine, spoke and wrote to the management office, tried mediation which only was effective for a few months.

I have read you can sue in Small Claims Court and wondering if anyone here had done it and what the outcome was.

Also, I understand you can sue more than one person but does it matter that they do not appear on the lease?

Thank you for all the help you can give me.

Magdamary
What exactly would you be suing them for? You would need to show some kind of damages and you would probably spend more money on the lawyer or in getting good documents than you would make back. If you feel it is worth it to take the hit then go for it.
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Old 10-29-2013, 01:09 PM
 
37 posts, read 124,777 times
Reputation: 24
NooYowkur81 I explained earlier how it can be done according to legal advice...By going to Small Claims Court it would only cost $20.00 to file and you do not need legal representation. Sometimes the fact of having to pay up to $5,000 may make you think twice about causing problems. I just wanted to know if anyone on this list had taken this course of action and what had been the outcome. Thank you for your input.
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Old 10-29-2013, 06:28 PM
 
15,595 posts, read 15,650,878 times
Reputation: 21967
Based on my meager experience with small claims court, I wouldn't recommend it. It's not a problem that's easily quantifiable, and I don't know how much luck you'd have in collecting.

I wish you would have written more about your experience so far - if they've been apologetic when you talked to them, what happen with the mediation, and what your management's response was. I don't suppose there's any possibility that other neighbors are also bothered, so that you can band together? Two or three people complaining is better than one.

Suing in general isn't a good idea. I wonder - if the landlord has any legal obligation to step in, whether you could get the city to fight on your behalf.
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