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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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