Legal Question in Real Estate Law in Pennsylvania
Obnoxious neighbors/landlord responsibility
I have lived in my first-floor apartment for over a year; I'm on my 2nd lease. My neighbors on the second floor (this is a converted house) are horribly loud, day and night. Thudding, crashing, yelling, etc. I've spoken with them many times, as well as my landlord, and the noise continues. I've even had to call the police once. It's getting to where it wakes me up every morning, and keeps me awake when I'm trying to go to bed. My ceiling fan even rattles. What recourse do I have? Isn't there a statute regarding ''quiet enjoyment''? Any help would be greatly appreciated.
1 Answer from Attorneys
Re: Obnoxious neighbors/landlord responsibility
The doctrine of quiet enjoyment is inherent and, usually, expressed in every lease. It holds that a tenant has a right to be free of unreasonable noises, etc. which are produced by other tenants. The landlord has an affirmative obligation to remove any tenant who produces such noises, etc.
You are well within your rights to complain about the tenant(s) to the landlord and to request that he address the problem. If the landlord does not do so, you have remedies. However, before you take any action beyond the first step, you should consult with legal counsel to assure that you are not acting in breach of the lease yourself.
Feel free to call or e-mail me with further questions or comments on a free initial basis.
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