What legal recourse do I have if I the neighbor above me is making excessive noises in the middle of the night?

UPDATED: Sep 7, 2012

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What legal recourse do I have if I the neighbor above me is making excessive noises in the middle of the night?

The noise often wakes me up between hours of 1 am-5 am. I have made 3 complaints to the landlord.

Asked on September 7, 2012 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a tenant, you are entitiled to "quiet enjoyment," or the right to use your rental premises free from unreasonable disturbance. If the landlord does not or cannot provide that, you may have grounds to terminate your lease without penalty. In this case, since the person(s) making the noise is another tenant, the landlord has at least some control over him/her/them--the landlord could warn them that they will be evicted if they continue disturbing the peace of their fellow tenants. If the landlord will not take steps to remediate the problem, that may allow you to terminate your lease. However, there is no "bright line" as to when you can or cannot do this; therefore, you are advised to consult in detail with a landlord-tenant attorney before taking any action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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