How do I get the landlord to do something about noisy neighbors late at night?

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How do I get the landlord to do something about noisy neighbors late at night?

We live in a 1-bedroom apartment. There are 5 people living over me. The landlord said he only rented to 2 people. Also, dogs are not allowed but they have one that runs through the house all night. I have asked him to do something 6 times already. My patience is growing thin. He says he will talk to them and I believe he does because it is usually quiet for a few days after he talks to them but it starts back up again. They keep moving people in with them. I shouldn’t have to move. I am not the one breaking the rules.

Asked on December 28, 2011 under Real Estate Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be advisable to speak with a landlord/tenant attorney and preferably one who represents tenants.

You could sue the landlord for breach of the covenant of quiet enjoyment.  The covenant of quiet enjoyment in every lease means that a tenant cannot be disturbed in his/her use and enjoyment of the premises.  Excessive noise constitutes a breach of the covenant of quiet enjoyment.

An additional issue which is separate from the breach of the covenant of quiet enjoyment is that the landlord may be in violation of the housing code if there are five people living in the apartment above you and if that apartment is a one bedroom. The housing code varies from state to state.  The landlord needs to take action to evict those tenants.


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