Question about tenant rights (apartment, lease, house)

[juliew518]

Okay, I just moved to Ulster County from Texas. It's been a bit of a change in many ways, but I really do love it here, and it is what I have wanted to do for a while.

I rented a duplex apartment. It's awesome. I rented from an individual. Anyway, when I rented, I let them know that I had pets (three small geriatric dogs) and they were fine with this. I have emails proving it. They have been really really great to me.

Here's the dilemma. My neighbor. BOW (***** on wheels). She has a hurt back and sleeps all day, and her husband works during the day and sleeps all night. I have been here a week. She called the landlord complaining that a) my dogs were barking and b) I was keeping her awake my hammering (hanging things on the wall). First off, I just moved in. I am not hanging anything on the walls except from 10 am to maybe 7 pm at night out of consideration. All of the work I am doing moving in I am doing during this time. I am not a noisy person. I don't even have a tv or stereo. Secondly, my dogs are old and rarely bark. None of the other neighbors have even heard them. In fact today, the neighbor on the other side had people working on their roof -- dogs completely ignored it. The mailman came and dropped something on the porch -- they ignored. I left the house several times and made noises outside to see if they'd bark. Nope. No barking. Basically, when I am not home, they head to my bedroom, hop on my bed and go to sleep.

So, basically, what I am asking is can they tell me, even though the lease says I can have pets, that I have to get rid of them or move based on this woman's bitchiness? Or does this fall in the category of being able to enjoy my home?

Seriously, I am almost 50 years old, and boring as hell. I watch tv and movies on the computer or I read. I don't even talk to myself. My dogs just lay around and sleep all the time.

Yes, they have barked a few times. When someone knocks on the door, or when I have let someone in. But that's it.

How should I approach this?

[choosing78]

I think everywhere has different ordinances on noise but usually as long as it isn't late at night/early am or for long periods of time I think you're fine.Just an fyi, if you just moved your dogs might be barking/crying because they're in a new place. Just standing outside doesn't usually trick them. You should come home from work early or late and creep up on them. That's how we found out ours was whining when we weren't at home. Better to find out for sure before they potentially develop a habit.

[new jersey mike]

Here is a good link it is the state code for tenants rights with regard to your landlord and lease.

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf (broken link)

I would proceed with this in a CYA fashion. As you explain it, the lady does sound like a problem and probably use to getting her way or just being in charge.

If you have not met with the lady you might want to try that and state you are familiar with tenants right and tenant to tenant consideration. See if you can just defuse her and move on.

If that does not work and she continues to contact the landlord, then you need to also in a certified letter.

I would write a short letter similar to what you posted, that you are in the middle of moving in, your dog is not disruptive and none of the other tenants have complained. Explain you are familiar with NYS tenant rights and proper neighborly interaction.

Although this is not a tenant-landlord issue you want to make sure it does not become one.

On page 28 under the heading Harassment your rights are outlined if the LL was harassing you but in this case the lady is harassing you by complaining. He may have a level of responsibility to defend or ensure your quite enjoyment.

This is all somewhat reversed, your being accused of being noisy and disrupting the piece and her "quite enjoyment" rights.

Here is a link on quite enjoyment
Quiet Enjoyment

This is a link on noisy neighbors
Noise -- How to Get Neighbors to Turn Down the Noise

You have started in the right direction, try to understand and learn your rights.

I am a LL here in NJ although the statute is different NJ has more to read which may shed some more light

LSNJLAW - Tenants' Rights in New Jersey Chapter Index

Then there are tenants organizations designed to buck the LL but may also help in tenant vs tenant issues.

Tenants & Neighbors Home

As you stated she seems like a BOW and maybe she is or it was just a 1 time thing and you will not hear from her again.

But if she is a BOW you just need to know legal rights you have to flatten her wheels.

If your accurate on your noise level and your dogs then you should have no problem.

There are also city ordinances with regard to noise and noisy neighbors which outline specified times of day that a tenant can have loud music, parties, etc and although she sleeps during the day it is not you responsibility to accommodate her schedule.

[FutureNewYorker]

thanks for the good information.

[Guest5241]

Indeed, thank you, new jersey mike. Your information complements or supersedes the Nolo book Tenants' Rights, as helpful as it is.