Q&A: New York quiet enjoyment complaint against me for my children?
Question by : New York quiet enjoyment complaint against me for my children?
I live in an upstairs apartment and my children – 10 and 12 – stay over two weekends a month. They play and sometimes even run in the apartment, although I have told them not to run and to be quiet.
We also use the stairs to enter and exit the apartment, although the neighbor downstairs told me that whenever we go up or down the stairs, things fall off the shelves in her pantry. We walk up and down, not run.
The lady downstairs has complained about “excessive noise” to the office and I have received a written notice from the management company advising me that I am interfering with her rights of quiet enjoyment due to noise associated with the visits on “certain weekends of the month”.
I do keep them under control and they are quiet and go to sleep by 9pm when I have them. But sometimes during the day they do play and maybe they sometimes get noisy, but I correct them and tell them to be quiet, which they do.
The complex knew they’d be visiting twice a month as I asked if it was OK before I signed the lease and they even met the kids. This is not an adults only complex and other kids live in the complex.
Can I be evicted or non renewed because my kids visit twice a month and play in the apartment during the day? This does not seem to be “excessive”, even if they were making noise which they are not.
In addition when I am in the apartemnt by myself, I typically walk barefoot and do not dare watch TV or play music ever, just to be sure I don’t make any sounds that she could hear. I try to tiptoe up and down the stairs. My enjoyment is being compromised because of her. Also, when I moved in she told my movers not to put my computer in my bedroom because she might hear the sound of it!
My main worry at this point is do I have to worry about eviction/non renewal because they visit me twice a month? Would a court consider that to be excessive? And their bedtime is 9pm which always happens, so no sounds at all come out of my place after 9pm.
Best answer:
Answer by C M
if I were you i would try to find a new place to live. you shouldnt have to compromise your enjoyment and make sacrafices (such as tip toeing) every day for the enjoyment of someone else. That is insane. You’re probably going to have long-term psychological effects from this, so its better to get out of there soon and begin to enjoy your life and live more freely….good luck!!! 🙂
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