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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38546
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I live in Delaware County, PA and have written to my landlord

Resolved Question:

I live in Delaware County, PA and have written to my landlord (and subsequently talked with the apartment manager via phone) about the noise created by a neighbor. As an example, this neighbor has allowed his door to slam loudly enough to disturb me 32 times between 3:00 and 7:00 pm. What should I do now.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns. I am a licensed Pennsylvania professional.

What, if anything, has the landlord done? When did you speak to the landlord last? When did you hear the noise last time? Have you taped the sound or otherwise record it? Do you believe that the neighbor is doing this intentionally?

Customer: replied 1 year ago.

I last talked to the apartment manager on 08/23/2013 and he stated that he would speak with the offending tenant for the second time. I originally sent a letter to the manager and the leasing agency on 08/18/2013 and was contacted by the manager on 08/19/2013. On this date he said that I should not have any further direct contact with the offending individual and that he would take care of the situation.


 


I last heard the slamming of the door at 2204 on 09/08/2013. On this date the door has slammed approximately 68 times since 1500.


 


Thus far I have only manually recorded the instances because I do not have an electronic device that is capable of recording them.


 


I am convenced that this individual is doing this intentionally. When I initially spoke to him about the situation, he told me "That's your problem." Since my complaint to the manager the slams have been more frequent and later in the night (or early morning) hours.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Gerald. I will be happy to go line by line with response, so as to ensure that I do not miss anything.

You posted:

I last talked to the apartment manager on 08/23/2013 and he stated that he would speak with the offending tenant for the second time. I originally sent a letter to the manager and the leasing agency on 08/18/2013 and was contacted by the manager on 08/19/2013. On this date he said that I should not have any further direct contact with the offending individual and that he would take care of the situation.

---
So far it appears that the landlord acted appropriately. He does have a duty to ensure that all tenants are entitled to 'quiet enjoyment' on the premises.

 


I last heard the slamming of the door at 2204 on 09/08/2013. On this date the door has slammed approximately 68 times since 1500.


 


Thus far I have only manually recorded the instances because I do not have an electronic device that is capable of recording them.


 


I am convenced that this individual is doing this intentionally. When I initially spoke to him about the situation, he told me "That's your problem." Since my complaint to the manager the slams have been more frequent and later in the night (or early morning) hours.

----
If you feel that this is intentional, contact the police. Request that the police record a noise complaint and potentially pursue the tenant for disturbing the peace. The reason I suggested a recording is to see what the decibel level may be--he may be in violation of local noise ordinances, something that the police officer could evaluate or measure. if he cannot, you can go to any local Radio Shack and obtain a decibel reader for under $20 so as to evaluate the noise.

If a citation is granted, it may then give you a basis to file suit for harassment and for private nuisance against the other tenant for interfering with your property rights. That, hopefully, would resolve the issue.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38546
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
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38546 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.