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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114797
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am an owner of a one (1) bedroom Condominium in South Jersey,

Customer Question

I am an owner of a one (1) bedroom Condominium in South Jersey, Atlantic County. My first floor Tenant is complaining about the second floor Tenant making noise day and night. This has been ongoing for several years. I have a good understanding tenant who has tolerated the person's upstairs for at least 2 or more years. My tenant's last complaint came with a warning that he is ready to move out. The unit can be easily re-rented however this will not solve my problem as a landlord of this unit due to finding a new tenant that will complain of noise as well. The Tenant in question is a single Mother with one child age 4 or 5 (no younger). A Boyfriend or the child's father also lives on the premises. They are Section 8 recipients. Being that the unit has only 1 bedroom, I feel that they are in violation of Federal, NJ and Galloway Township Dwelling Laws. HELP!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.
All leases come with the understanding that the tenant will not disturb the other tenants. You have had the right to give the upstairs tenant notice that if they do not cease and desist the noise in 30 days they would be evicted and send a copy of that notice to the Section 8 office as well. It is not impossible to evict a section 8 tenant. So, instead of looking for some non existent law, you need to use the process you have in place that should have been used before, give the tenant and the section 8 office a letter telling them this is their 30 day notice to cease and deist the noise and interfering with the use and enjoyment of the premises by other tenants or they must move out. If they then refuse to move or stop the noise, then you can sue this upstairs tenant to evict them.
Losing other tenants because of this bad tenant makes no sense and you should be seeking to evict them based on them violating the lease.
As far as your claims that because it is a 1 BR unit they are violating some laws based on the number of people, this is something that comes up frequently. There is no federal, NJ or township law that specifically say how many people can live in a residence. There are HUD guidelines, but they are not laws or enforceable against the tenant.
You need to go after the tenant for their behavior that is disrupting other tenants on the property and seek to evict them.