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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110540
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in a ground-level condo (8 yrs.) The residents above

Customer Question

I live in a ground-level condo (8 yrs.) The residents above me (5 yrs.) have a 3 yr old autistic child who runs and pounds the floor directly above me. I am told (by them) that it is not intentional and to just "live with it". Do I have any legal recourse? No one would buy my condo with this kind of noise.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your recourse is to work with the resident to have them install soundproofing on their floor and you can also agree to install soundproof tiles in your ceiling to minimize the impacts. However, if they are able to prove this is just normal noise for having a child and it occurs during normal waking hours there really is not much more that can be done. You can though insist that they at the very least put in some soundproofing and if they refuse, you would need to record the sound level in your apartment and you could go to court for a nuisance claim and seek to get the court to make them install soundproofing.

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