If we have a jewelry store that has been in the same mall for 17 years, what can we do about the excessive noise caused by neighboring tenants?

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If we have a jewelry store that has been in the same mall for 17 years, what can we do about the excessive noise caused by neighboring tenants?

About 4 weeks ago a gym opened next door that plays very loud music and loud amplified coaching. There is a movie theater and parking garage below both suites and we are all on a earthquake proof structure that moves with vibration. There are 15 treadmills and hanging weights that cause large amounts of vibration into our suite as well as the music and coaches voice, 1 hour at a time, varying from 3 classes to 5 classes per day. Making it very difficult to keep our client’s attention while buying things as expensive as diamonds and engagement rings as well as our own focus and sanity. Is there anything we can do?

Asked on July 15, 2015 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Commercial leases are very different from residential leases.  The "habitability" issue and landlord responsibilities are not the same. But it does not mean that one tenant's right to operate can interfere with another tenant's same right. While this may sound like a cop out: read your lease carefully.  See what it says.  And call your landlord and tell him or her that the noise level has increased to such an extent that it is penetrating your space.  Invite him or her in to sit and listen. Maybe he or she needs to sound proof that gym. The gym owner also should ne involved.  Good luck.


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