What are my options if I live in a building with a 24 hour gym and the noise level is very disturbing?

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What are my options if I live in a building with a 24 hour gym and the noise level is very disturbing?

My unit is directly underneath the gym. Management states there is nothing that can be done. A few fliers were posted in the gym advising residents to not drop the weights because of the loud sound it makes. That has not helped at all. Management had offered to move me into another unit which is great but they also want to charge me an increased rent. When I was shown the apartment, I wasn’t told that it was directly under the gym. I was told that the ceiling was concrete and I would not hear any noise from upstairs.

Asked on July 11, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Did you move into your apartment knowing that their was a gymnasium above the unit or did the gymnasium come into being after you moved in?

What does your lease say about the excessive noise assuming the owner of the building is the landlord for you and the gymnasium?

You might want to discuss the excessive noise with your landlord with the intent to be moved into the other offered unit that presumably would be quiter at the same monthly rent that you are paying at the landlord's cost and if he/she is unwilling to do this, perhaps moving from the unit elsewhere would be an option.

Most States in this country have statutes and case law dealing wih "warranties of habitability" for tenants where good living conditions with normal (not excessive noise from weights) noise is allowed. Another option is to complain to management that runs the gymnasium about the excessive noise the business is causing you to see what can be done (more pads on the upper floor to absorb the noise).


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