Recently I had somebody moved in the unit right below mine, and he has been complaining about my daughter's music play, piano and flute. She is a part of school band, so she needs a daily practice. We mostly finish all music practice by 7:30pm (8:00pm at the latest). Now, I get a letter from the building management banning all music play any time any day. It seems that the restriction only applies to us, not throughout the building. On the lease contract, it briefly states that tenants should not make any disturbing noise, but there is no mention of any musical instrument. I checked this with my friend who is NY attorney and he said there should be any issue with playing musical instrument during reasonable hours. I just want to make sure if the same law applies in MA. Any info will be much appreciated. Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Loud music and quiet enjoyment or apartment
If you or your family are interfering with another tenant's quiet enjoyment of his unit, then it is possible that the landlord will have to take action against you, through eviction. However, I find it hard to believe that a judge in Massachusetts would find that playing an instrument in the early evening constitutes a violation of a neighbors quiet enjoyment, assuming, of course, that the music is not amplified or unnaturally loud for some other reason. Good luck.