Legal Question in Landlord & Tenant Law in New York
Noise in one bedroom - Manhattan, NY
The lady who lives downstairs complains that we walk loud and that she can hear us walking around in the bedroom at night. She says that legally we have to have something like 70 or 90% of our bedroom floor covered with a rug. Is this true???? She wants to enforce this rule.
Can she have us evicted (through the land lord) for being loud. We are quiet people. We don't have parties or guest over or play music but our general living and walking is apparently louder than any other tenants before. She has rented in the building for 20 yrs and we only for 7 months.
Help.
1 Answer from Attorneys
Re: Noise in one bedroom - Manhattan, NY
It is common for a lease to contain a requirement that a certain percentage of your floor be carpeted. Review your lease to see if it's in there. If it is, you need to comply. If not, all she can do is make a complaint to your landlord. How many complaints she has made it the past will determine how seriously the landlord views her complaint, but the landlord must send you a warning before s/he can begin any eviction proceedings. Don't forget, the landlord wants to keep your apartment occupied, and if you are good tenants (e.g. paying rent on time, no other complaints), s/he's going to keep you there.
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