Thank you for your question. Please permit me to assist you with your concerns.I will definitely try to help you if I can. Did you ever record the noises for yourself? Do you have evidence of the noises?
All I did was keep a written log of the with dates and time, I wasn't sure if recording was legal, plus there would be the cost of the recording equipment. As of two nights ago the child has stopped running after
8:30 PM, but is still waking me up at 7:15 AM.
8:30 PM, but is still waking me up at 7:15 AM. The only thing I have are my left side and downstairs neighbors who hear most of the noise.
Thank you for your follow-up, Gayle.Recording within your own premises is legal, since you are located within your own property. That is not a violation and would not create a conflict. Plus, New York state is a 'one party' consent statute when it comes to recording, meaning that so long as one party to the recording consents (meaning you), the recording would be admissible and valid. It may help to get this formally recorded. The reason is because if you are being exposed to damages to your premises, and you now have cracks in the walls, you can claim that you are being denied your right to 'quiet enjoyment' on the premises. That would mean that you have the right to seek recourse against the neighbor via the courts for 'harassment', and if the one causing the noise is the landlord, claim breach of covenant of quiet enjoyment, and sue for up to 3 months of rent as punitive damages.Hope that helps.
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