Legal Question in Landlord & Tenant Law in Massachusetts

I recently moved into a beautiful 'green' building. the apartment is gorgeous..with hardwood floors. The problem is that you can hear everything! including the neighbors up stairs having sex! It has even waken me up in the middle of the night! I should not have to listen to this. I have spoken to other neighbors to see if they have experienced the same. They told me that they do and have complained to management, only to be told that there is nothing they can do. We each have a signed lease that says that we are entitled to quiet enjoyment..Wouuld this be a breach of quiet enjoyment? Breach of mental distress? Is there anything I or we as a group can do ? Thanks in advance for your help.

Asked on 11/12/13, 8:48 am

1 Answer from Attorneys

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It would be grounds to break your lease as clearly you have a problem with noise that cannot be fixed.

Put a complaint in writing and ask for them do something. When they respond they cannot do anything, you can then ask for your lease to be terminated and look for a new place to live.

If the problem continues and they refuse any accomodation, call the local health dept. to inspect and ask if they will issue a violation and require the apartment to be fixed.

It is not likely the court will order the owner to sound proof the apartments, but they might. Ypu can use the citation and response to terminate your lease.

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Answered on 11/12/13, 8:55 am

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