Legal Question in Landlord & Tenant Law in New Hampshire

Noise

Our neighbors continue to play music with loud bass regardless of police and office intervention. We have logged the times and dates of the noise as they occur. The last time we spoke with the staff, we were told that noise can be heard as a result of wood construction and they would speak with the neighbor about reducing the bass. After we spoke with a manager and entered our apartment, the neighbor knocked on our door and claimed that his TV was not loud. He wanted to enter our apartment to test how loud the music was. I refused and my wife is afraid of her and our daughters safety. Our neighbor below continued to play loud bass for one hour. On three occassions, to escape the loud noise, my family and I left our apartment and went to a local bookstore for peace and quiet. We would return to our apartments at 11:00pm in hopes that the noise would cease. Recently, my relatives visited us and heard the noise in the guestroom during the night. The community manager gave us the option of moving to another apartment community. However, we wish to break the lease without cost and move out. What options do we have?


Asked on 7/25/07, 2:52 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Noise

You may have standing for a private nuisance cause of action, and/or constructive eviction/breach of landlord's duty to maintain habitable premises/breach of covenant of private right of use and enjoyment. Email our Law Firm directly for prompt, effective legal assistance in this matter.

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Answered on 7/25/07, 3:26 am
Bruce L. Dorner Dorner Law Office

Re: Noise

Provided there are records of the police complaints and that you have given written notice to your landlord of the problems, you should be in a reasonable place to discuss terminating the lease with the landlord. There is a covenant of quiet enjoyment. The repeated noise clearly deprives your family of a quiet environment. I suggest you sit down with the landlord to work out a settlement. Failing that, each of you has a claim that can be presented in court. It may be worthwhile to retain an attorney to represent you.

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Answered on 7/25/07, 8:57 am


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