Legal Question in Landlord & Tenant Law in New York

Loud neigbors

My neighbors play very loud music late at night I spoke to the landlord and he said he would send them a letter reminding them of the rules,one of them being not making noise to disturb another tenant. They stopped the music for a week and then started it again tonight,allong with door slamming. If I complain will they get evicted?


Asked on 11/16/07, 10:31 pm

1 Answer from Attorneys
Lawrence Silverman Law Firm of Lawrence Silverman

Re: Loud neigbors

Maybe; but, not necessarily immediately. Your landlord is legally obligated to evict your neighbors, if all else fails to persuade your neighbors to stop the noise. Neighbors who make excessive noise on an ongoing, regular, or continuous basis, constitute a violation of your landlord's implied-by-law warranty of habitability to you, and your landlord is legally obligated to stop the noise. Your landlord could try other measures before the drastic last resort of eviction, e.g., by sending your neighbors a "notice to cure" which is a written warning that they have a specified amount of time to stop the noise; and, if they do not stop within that time, then they will be evicted. Your landlord could also try to soundproof their apartment.

However, if you keep complainig aboiut the noise, then, ultimately, if nothing else will stop the noise, your landlord must evict them.

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Answered on 11/20/07, 11:26 pm


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