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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am having a problem with my landlord. He insists on lifting weights

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I am having a problem with my landlord. He insists on lifting
weights in the apartment above my head and dropping the darn things. The people below me can hear them hit the floor. They has caused two cracks in my ceiling. He also has tenants with a three year old who runs through the apartment at all hours of the day and night, (7:15 AM -10:30 PM. I have spoken with him, (I also wrote two letters about the noise to which he did not reply), to the tenant above and to the super with absolutely satisfaction. To me it smacks of harassment, (he wants this unit so he can de-stabilize it [300.00 more a month]). Is there anything I can do? G. Krueger

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?

Customer: replied 3 years ago.


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.

Customer: replied 3 years ago.


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. 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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