Legal Question in Real Estate Law in New Jersey
noisy neighbors
the 1st fl neighbors stomp so loud that i can hear it on the 3rd fl where i sleep, slam doors so loud that it's caused me to lose concentration and focus, now it makes me shake and tremble because it damages my nerves severely. they have on occasion smoked drugs in the house. i told the old owner, who sold the house, of their drug use and he was told by the person who rents it that her nephew smoked cigarrettes. i've smoked for 14 yrs and know the difference between cigarettes and marijuana. i've gone downstairs into the hallway several times and asked them to stop making the noises they are making because it is bothering other people in the house. i have a younger sister on the second floor and these things are bothering her also. i now undergo therapy 2x a month take medication for mental disorders since they moved in. i never had this problem before. can't get a good nights sleep i try to drift off to sleep, they will make some loud noise that vibrates even to the third floor. their behaviour is now affecting me physically because my nerves are constantly rattled and the medication i am on won't work properly because my stress level is so high.
2 Answers from Attorneys
Re: noisy neighbors
Your neighbors are violating lease covenants and the law. First, you should demand that your landlord require them to comply with the "covenant of quiet possession" or evict them. If he/she does not, then it appears that you may have the right to move yourself, arguing "constructive eviction" without any further lease obligation. Second, you can file a complaint with the police, under the noise ordinance that your town likely has, or even report the drug violations. In these cases, be ready to testify against them in Court. In any case, you should do nothing before you seek legal advice. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: noisy neighbors
If your Town has a noise ordinance, file the appropriate complaint, usually to the local police, for enforcement. Also demand that the landlord take action to assure your lease rights by enforcing any rules against excess noise. If he fails, you are probably eligible to take legal action for damages and for constructive eviction. Consult a local attorney to review your lease, assist you in making the necessary claims, etc.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
