Whatcan a tenantdo about a noisy neighbor?

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Whatcan a tenantdo about a noisy neighbor?

I live on first floor apartment. My neighbor is walking heavily and I can hear the ceiling squeak. I went there to talk with him but he is not opening the door any more because I send a letter to our landlord. What can I do? I don’t feel moving in the middle of the winter and I can’t stand the noise any more. My landlord is not doing anything to help me.

Asked on December 14, 2010 under Real Estate Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In every lease, there is a covenant of quiet enjoyment which means that the tenant cannot be disturbed in his/her use or enjoyment of the premises. Although you could file a lawsuit against the landlord for breach of the covenant of quiet enjoyment, it is unlikely that you would prevail because unfortunately some noise such as a person walking heavily upstairs or the ceiling/floor squeaking are items that occur in the normal course of living in an apartment building and just have to be tolerated.  You might want to try turning on a fan which can drown out noise.


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