Legal Question in Landlord & Tenant Law in New Jersey

Everyday for the past 8 months the teen in the apt below blasts music at an excessive level all hours of the day and night. The parents don't discipline because they are at work 18 hrs a day. When I call the apt security or the police the teen turns the music down everytime he sees the vehicle pull up. As a result security refuses to answer my calls anymore as they don't think my claims are valid. The apt mngt refuses my request to transfer to another apt. Their reasoning was that moving will not solve the problem of the noise yet the security refuses to help. I recently filed a formal complaint with the police and have plans to seek a lawyer to file suit against the complex as I plam to withold rent due to mngt not upholding the lease as landlord. What are my chances that this course of action will actually work? I feel after 8 months I have exhausted every other alt solution.


Asked on 7/27/12, 8:14 pm

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

I am not sure if your Answer is to file suit against your Landlord. If you plan to withhold the rent I would write your Landlord a Certified letter advising that you are withholding the rent because the Tenant below you is essentially interfering with your quiet use and enjoyment of your apartment. if you withold make certain that you put the money in a special account because that way if your Landlord files an action to evict you for non-payment of rent you will have the money availballe when you appear in Court. Your defense is that you can a pay your rent but your Landlord is not responding to your request concerning the neighboring tenants interfering with your quiet use and enjoyment of your apartment. It imay also known as a habitabilty issue. There is a good chance that the Court would require you to deposit the outstanding rent into Court and then schedule a hearing to resolve the issue. If the noise is constant the Landlord should send a cease desist letter to the other tenant. Again, if you choose to withhold your rent make certain that you do not spend the money and that it is availlable. remember to document everything that you do, hope this helps, remember I am just answering your question based on what you have posted. To get a more specific answer you would be well advised to consult an attorney directly, again good luck (201)-342-5030

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Answered on 8/01/12, 11:45 am


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