What are a tenant’s rights against their landlord for allowing an unruly neighbor to reside on the premises?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are a tenant’s rights against their landlord for allowing an unruly neighbor to reside on the premises?

Renting basement unit for 15 years. Year ago new tenant moved in above me (loud music, parties, obnoxious person). Many nights we had to leave and come back later because of the noise. Myself as well as other tenants went to our landlady for help. She spoke with him many times about the noise complaints, but it was of little use. Police have been to his door several times because of noise, and there have been physical threats. I believe my unit is illegal. We are moving but want to take legal action against the landlady for the uncomfortable living conditions that we have put up with.

Asked on January 29, 2011 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You may be able--if you were not moving--to force your landlord to take action against the unruly tenant. It's unclear how much compensation you could receive from having to put up with it. Every tenant has the right to "quiet enjoyment" of his or her premises, which means being able to use it w/out excessive disturbance. This right is enforceable not only against the landlord himself--i.e. the landlord can't keep disturbing you--but also against fellow tenants--in other words, the landlord must keep your fellow tenants in line. You can sue to make this happen if necesary.

In terms of compensation, though, the most you'd be entitled to is the equivalent of the difference in value between an apartment without the disturbance and one with disturbance--which might not be enough money to justify a lawsuit, as well as being difficult to show.

If the apartment was, you feel, illegal and you're moving out anyway, if you want some satisfaction, you could try reporting the landlord to buiding/housing authorities.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption