Legal Question in Real Estate Law in New Jersey

Very Noisy Neighbors

hi

I just moved to a new appartments me and my wife.

we have a family living downstairs and they have 2 super-mega noisy kids.

they start the noise every single night about 11 pm.jumping and jumping and hitting the floors, screaming very loud and crying annoyingly.

then the couple start to argue and fight at the same time, they vaccume the floors at midnights. it is so easy to knock their door and start a fight in the middle of the night , but we love peace . can you help us please ?

thank you


Asked on 11/27/99, 2:15 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Very Noisy Neighbors

First, you should get your landlord involved. Most leases have a clause concerning peaceable habitation. It is incumbent upon the landlord to be sure that tenants are respecting the rights of others and if they are not, then to evict them. In fact, if the landlord does not crack down on this, you may have the right to leave under a "constructive eviction" theory. Secondly, you could probably file a complaint, through your local police department, which would be heard in the Municipal Court for this disturbance. It would be good for you to establish a record prior to filing the Complaint, by calling the police whenever this occurs so that they have on record the history of what has been occurring. In any case, this is just general information and should not be construed as legal advice since my opinion may change depending on the exact facts and circumstances. You should always consult with an attorney directly to be sure of your rights and obligations. If you want me to assist you, feel free to call me at 856-546-8010 for a free telephone consultation. Good luck! Rob Gleaner

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Answered on 12/02/99, 12:28 pm


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