I have lived on the second floor of a multi-family unit for the last three years and never have had any issues or problems. However, new tenants moved into the unit below me two months ago. Suddenly they have starting complaining about the noise coming from my apartment. They claim there is excessive "thumping" noise on their ceiling as I walk around. They object to my having friends over for dinner. Then my land lord comes to talk to me today suggesting I put rugs in my apartment.
I am upset and feeling harrased by the new tenants. Am I expected to walk around tip toe in my own house? Isn't it the landlord supposed to provide sound insulation between units?
I have little desire to live with such neighbors and wish to break my lease. Unfortunately I signed a 1 year lease that expires in Aug. 2012 with no break-out clause. Had I known the new tenants were so difficult, I would have not renewed my lease.
Can I legally break my lease as I'm feeling harrased by my neighbors unreasonable complaints? I understand Massachusettes "quiet enjoyment" law -- but how about my right to enjoy the property I rent in a reasonable manner?
Neighbors and quiet enjoyment
As I'm sure you read in the other post dealing with noisy neighbors and quiet enjoyment, this issue boils down to a question of reasonableness, on both sides of the issue. I don't believe the sounds created by your occupation of your unit (footsteps, etc.) constitute an infringement on your neighbor's quiet enjoyment of his unit. However, if I were your landlord, I would certainly think about installing padded carpet in the upstairs unit, simply to maintain the peace and my sanity.
On the other hand, if you are truly being harassed about the noise (I'm talking about harassment now, not just people being upset with you), then you may have a valid argument that you are being deprived of YOUR quiet enjoyment. Start by asking the landlord to allow you to leave with no penalty or fix the problem. He can put in rugs or tell the neighbors to cease the harassment or move. If he refuses, and the harassment continues, go to housing court and ask the court for an order allowing you to terminate the lease and move. Good luck.
foam rug pads
We live in an old wood building and the thumping from above is almost unbearable. Please put in rug pads. This will help dampen the sound. You can't be expected to tiptoe around your house. But there's a difference between landing a step with one's heel, and a more careful step with the front of your foot. The reality is that the building is shared. Your neighbors have to deal with the fact that they will hear you, and you have to make concessions too.
Noise problem
My husband and I are renting a condo from a friend of mine. We specifically asked her if it was a noisy place to live. She said it was quiet. Then after we moved in, she asked us if the woman upstairs was noisy. The woman who lives above us is VERY noisy. The insulation in the building is very poor and we can even hear when she urinates. I have spoken to her on several occasions to please stop the banging between 1030pm and 530am. We can hear her slamming her drawers and closets. Before we moved, we had a lot of loss (miscarriage and death of father) We desperately needed a quiet place. I am also a nurse who takes care of premature babies. Since moving into the unit, I have had to start taking Ambien to help me get to sleep- then am woken up by this woman. The lack of sleep is starting to affect every area of my life. I would hate to inadvertently harm one of my patients due to lack of sleep. I asked her if she could make some small adjustments (getting her clothes out between 8p and 9p), that I understand that she has the right to live in her condo- I apologized for even asking her. I want to have good relations w/ her. What are our options besides moving. We dont want to move.
Thank you,
Kim
Noise from neighbor
Sorry, but as you can tell from reading the other posts on this subject, there really isn't a good solution to this type of problem, certainly not a "legal" solution. I know you don't want to move, but I'm guessing that is the best solution.