Legal Question in Real Estate Law in Massachusetts

I was leaving in this house since 2008 on the second floor. In 2009 new neighbor came to live on the 3rd floor. We signed the lease for 1st year and after that we did not sign any paper or renwed our lease. In 2010 our neighbor had a kid which is good. but after one year the kid and the mother start making an awful noise. I had to call the police and talk to the landlord for many times. I asked the landlord to have them switch the Apt with us so we can leave in peace but he didn't like the idea. I am living under a huge stress from these disrespect-able neighbor. Is there any suggestion beside leaving the house? Can I force my landlord to oblige these neighbor to switch apartment so I can live ont the 3rd floor since they have a kid??


Asked on 2/24/13, 5:31 pm

1 Answer from Attorneys

I would start by contacting the local health department and see if they will issue a citation to the Landlord for the noise. They will have to come to the building. You can file a complaint against your landlord for nuisance for the noise created by the tenant on the third floor and seek to escrow your rent. You can seek a reduction in your rent in court or credit until the Landlord provides proper sound insulation between the floors.

From my experience, the Landlord will become less than thrilled with you and will become somewhat difficult to work. If the stress is a problem now if you make your landlord angry things will just become more stressful, However, I would suggest you look for a new apartment and once you find one, give your Landlord 30 days notice and move.

Good Luck

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Answered on 2/24/13, 7:07 pm


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