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I saw this post on the

#78368 On Wednesday, April 02, 2008 Guest (not verified) said,

I saw this post on the bottom of the page and thought it is the best one of all, so I'm re-posting it:

If your neighbors are making your life a living hell due to excessive noise, here's what you should do. The most important this is to remain calm no matter how angry you get.

Before filing any formal complaints, try talking to the neighbor who is making the noise, sometimes people do not realize that the noise in their apartment can be heard from someone else's apartment even if it may be obvious to everyone else. Speak to them in a polite manner. Make sure you keep a record of the day and time you spoke to them. If the neighbor is considerate, you will notice that they will tone the noise down. If they are jerks, you might notice that they will start making more noise on purpose. If this happens, send them a certified letter. In your letter note the date and time you spoke to them and state that the noise from their apartment has escalated since that date. Do not threaten them or say anything nasty in the letter no matter how angry you are. Just make it clear to them that if the noise continues, you will inform management. If they are really inconsiderate, they will not care and will continue making noise. I suggest that you get a recorder that uses a microphone. If they live above you tape the microphone to your ceiling and record all the noise coming from their apartment. Also have someone who is not family witness the noise in your apartment. Keep a record of the days and times that the noise is going on.

When the noise continues, send a certified letter to the landlord. You might want to include a copy of the letter you sent your neighbor. Many Leases have a clause on Warranty of Habibility and some have specific clauses on Noise. This can be used to your advantage since a Lease is a legal contract that both you and your landlord signed as so did the inconsiderate neighbors, who are clearly not abiding by the terms of their lease. Keep your letter short and to the point stating the type of noise the tenants are making and the hours that this is going on. If there is a noise Clause on your lease, quote it in the letter. Tell the landlord that the noise is affecting your health and thank him in advance for taking care of the situation. (You don't want to come off as a crazy angry person in your letter) Keep a copy of the letter you send your landlord along with the letter you sent your neighbor and the receipts for the certified mail along with the recordings. All this will help you if you have to go to court.

Here in NY we have 311. If you have this service, call them every time your neighbor is making excessive noise. They will give you a complaint number. You can later on contact them to get them to send you these complaints in writing.

If the Landlord does not do anything about the noise problem, you have a few options. You can take your Landlord to court if you want to break your lease and move or you might even be able to get a rent abatement due to the conditions (make sure to bring all your proof, letters you have sent, recordings, logs, 311 complaints (not the #'s but the actual hardcopy complaint from 311) and witnesses, if you have any.

If you don't want to take that route, you can try suing your neighbor in small claims court. You will need proof. Here is where the letters and recordings will help. Sometimes inconsiderate people will continue to be jerks until you hit them in their pockets. Sad that it has to be that way but that I think will be the most effective way of stopping the nuisance. The more proof you have the better your chances of winning the case. So make sure you have dates, times, letters you have sent to the tenants, Landlord, your state representatives, complaint documentation--the more documentation you have, the better. If these people are not letting you sleep and it's affecting your health, go to the doctor and get this documented.

No one has to put up with this type of nuisance. Do not think that there is nothing you can do--you just have to do it the smart way, which will take much patience from your part. We live in times where rents are escalating like crazy and we have to work really hard just to pay our rent. It makes no sense to work so hard, pay most of our money on rent for an apartment where we can't get any peace, relaxation or sleep. Do research. Get Educated and put an end to noise pollution. Hope this helps.

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