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It's been a month since my family and I moved into a 2 year lease apartment in Brooklyn, NY. When I was looking at the space I asked the realtor about the upstairs neighbors and he said "they're the nicest people I've ever met." Unfortunately that turned out to be untrue. The ceilings have poor sound-proofing and all I hear is their kid running around all the time. On the weekends they're doing some kind of construction and there's constant banging. I've spoken to them and they just don't care. Building management says the tenant can do construction anytime they want, even though I know there's an ordinance that prohibits it on the weekends. They also installed a washing machine that hums and bangs all the time, which is clearly not allowed in the lease. I won't be able to stick it out for 2 years. What are my options? How do I break the lease or perhaps officially request building management to give me a different apartment?
I would just move. life is too short to be tortured by upstairs neighbors.
To bad on the LL, look for something else and call it a day.
I would be damned if id stay because of a freaking lease and a LL that would do nothing plus a freaking kid running around upstairs.
no way. id move, and i dont give a crap.
its a lease, it isnt anything god will give a crap about.
the Ll will get another tenant, dont let them fool you.
yes if you can afford it, move!! Don't think $400 to pay for mover is a loss. Think of it as positively because getting rid of stress is more than $400 or whatever you spend.
Don't bother being patient, calling 311 , landlord blah blah. Because lets say you wait 1 years for all the preceding's , giving proof to landlord, landlord giving notices to the tenant etc. and worst can happen to a bad neighbor is they get booted out. Next thing you know you get replaced with worst neighbor than the last one. So who is the winner? Hint: You are loser. So don't search all day finding solution online or seeking legal help. If you're a working person, there is no reason not to move.
Nuisance are probably top reason to break a lease, but I'm not a lawyer just a real person told everything it like it is.
Stop paying the rent! Record the noise! Play it for the judge, if & when you get to court. Even if you get evicted, you'll have a few months free rent, while looking for a better place. Don't expect a good reference!
If the banging, running and washing machine/dishwasher hum and vibration bother you at night, buy either Mack's or Flent's "ear stoppers." Properly inserted, they cancel out most all noise. Young children shouldn't mind the noise and will fall asleep in spite of the racket. A good night's sleep improves the disposition and allows you to better cope with the situation.
If you are just unable to acclimate yourselves to the noise, then ask management if they will allow you to sublet the apartment. If they refuse, and you and your family's health is adversely affected by the noise, consult a real estate attorney to plan a course of action. Moving out or stopping rent payments without legal advice and planning is asking for trouble. A landlord can sue you for the balance of the lease plus court costs. If judgment is entered in the LL's favor and you don't appeal, they can garnish your bank account, seize cars and furniture and even garnish your wages to satisfy the judgment. (Note: The LL would have to show that they made a good faith effort to re-rent the apartment but couldn't before they could sue for the balance of the lease).
I run a fan at night because the city is just too darn noisey. It solves most noise problems.
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