Legal Question in Landlord & Tenant Law in New York

Managment not enforcing a rule in lease. Can I break it now?

I signed a 1 year lease for a co-op apartment in March. The lease states that 80% of the floors should be covered in carpet to help reduce noises. The house rules also state this. Upon moving in, I immediately complied with this rule. However, my upstairs neighbor, who owns her apartment, doesn't have ANY carpet on her hardwood floors and the noise she makes is unbearable. It's constant and slowly driving me insane. I sent a certified letter to managment complaining about this issue and as of this date, they haven't forced her to comply with this rule. Does this represent a breach of the lease we BOTH signed? If so, can I use it to get out of my lease?


Asked on 6/15/07, 9:49 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Managment not enforcing a rule in lease. Can I break it now?

It may be a breach of your quiet enjoyment of your lease which may allow you to quit it if you choose. Have you spoken to your neighbor at the noise? If a certified letter hasn't worked you may need to go to Court to have this provision enforced.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 6/18/07, 12:09 pm


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