What to do if I would like to force my landlord to evict a very noisy neighbor?

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What to do if I would like to force my landlord to evict a very noisy neighbor?

Asked on January 23, 2013 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, you can't force your landlord to evict the noisy neighbor; a landlord has the right to evict a tenant who disturbs the peace and quiet of other residents and continues to do so after having received notice (a warning) to stop, but is not required to do so. You however may have the right to move out yourself without penalty, if the actions of this tenant are depriving you of your "quiet enjoyment" of your rental and the landlord has failed or refused to take steps to correct the situation after having had notice from you of the problem. If you wish to consider this, consult with a landlord-tenant attorney first, to make sure that the situation is sufficiently severse as to justify terminating your lease, and that you have provided proper notice to the landlord.


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