Skip to main content

Just to Clarify...

Just in case you are not from NJ or even the US I want to clarify that I am not asking for anything outrageous, only that my rights not be violated. We have laws to protect your right to “Quiet enjoyment” and “Warrant of habitability”. Landlords are responsible to protect tenants and ensure their rights are not violated. Here are the definitions of some of the terms I use:

Plainly Audible:

Any sound that can be detected by a person using his or her unaided hearing faculties.

Quiet Enjoyment :

In the covenant of quiet enjoyment, the landlord promises that during the term ofthe tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basicservices such as heat and hot water and, for high-rise buildings, elevator service.


Quiet hours (usually specified in Leases or by local Ordinance):

The tenant may not disturb the quiet enjoyment of any other tenant in the building or surrounding neighbors. The tenant is responsible for adhering to the building's quiet hours.

 (Our town and our lease have Quiet hours listed as from 10pm-9am Monday - Sunday)

Implied Warranty of Habitability:

This means that a landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities.  If severe noise is keeping you up at night or preventing you from enjoying your home, the noise may present a violation to your warranty of habitability.

According to NJ Law:

If a tenant is disrupting other tenants in a rental property, it is the landlord's obligation to investigate the situation and take action if necessary. 

Comments

Popular posts from this blog

Some Peace and Quiet and then BOOM….

  S o, the upstairs neighbor moved out and for a few weeks there was peace and quiet and sleep. Now when I say peace and quiet, I do not mean complete silence. This is a complex of 200+ units but the noise we did hear was normal living life noises (TVs, music, kids being rambunctious, some conversation, etc.) but nothing that rose to the level of interfering with our enjoyment of the unit. And most importantly it was not happening during quiet hours.   We could still watch a movie, read a book, hold our own conversation without yelling to be heard, etc.   Then I believe Mid-March the new guy moved in. His first weekend here he decided to blast his music. Since he was new and probably did not realize that it was coming into our unit we decided to go upstairs, introduce ourselves, and explain how loud the music was in our unit. He was polite and said it was probably his subwoofer & he would lower it and he did.   Well, that was the end of his politeness. ...

Saturday May 28th...

No Surprise that with Memorial Day weekend here Upstairs Tenant was going to be having a party and did he party!! As usually 7 pm rolls around and BOOM Music and bass are in full force. Now he is playing both louder than he ever has before. We decided to give it a little bit hoping he’d lower it. By 9pm we had had enough. The volume/bass had increased over the 2 hours. Our walls and windows vibrated, our TV mounted on the wall was shaking, and now I had a headache & our kids were complaining. We decided our only option was the police. The officer showed up about 10 mins after we called. She came on to the property with her lights and since our windows face the parking lot you can see Police were on site. Funny the volume/bass lowered. The officer speaks to us and in the middle of explaining the situation the music blasts up again, but still lower than he has been playing it. The officer understands our frustration especially when we explain this is lower than it has been. She t...