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Recent Quiet Enjoyment questions

My apartment is vibrating and management refuses to do

My apartment is vibrating and management refuses to do anything. I am not sleeping because if it. I'm suffering serious health issues because of it. I don't know what to do.

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RealEstateAnswer

Juris Doctor

29,728 satisfied customers
I live in N.Y., on Island. My neighbor has 2 huge pine trees

I live in N.Y. , on Long Island . My neighbor has 2 huge pine trees on his fence that hang over the fence line 15 - 20 feet . The branches are a nuisance to our side deck , outdoor furniture , windows , siding and door .The enormous amount of sap, pine needles and pine cones make it extremely hard to enjoy our yard and we can't get the sap off of anything , including our shoes. Our gutters are continually clogged with stuff from these trees. We have spoken to our neighbors for over 30 yrs concerning this to no avail. We want to be able to enjoy and use our side deck. WHAT CAN WE DO ?

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Samuel-II

Attorney

Doctoral Degree

31,928 satisfied customers
Neighbor Noise Complaint question: I believe I am in

Neighbor Noise Complaint question: I believe I am in compliance with the city noise ordinance decibel parameters, but my neighbor is still claiming I am disturbing their "right to quiet enjoyment of their home".Do they have a legal case?I am a musician (keyboards and drums), and I have new neighbors (tenants) who are complaining about my practicing/rehearsing between hours of 10am and 10pm. We live in single family townhomes next to each other. I have made all kinds of schedule adjustments for their child who naps from noon to 3pm, and goes to bed at 8pm, and have taken measures to mitigate the sound. Landlord is sending me emails saying I am creating a noise nuisance and to cease immediately, and recommends formal mediation. (He knows I'm a musician but didn't tell the prospective tenants, btw).The sound level inside my neighbor's home as a result of my practicing is 40dcb or less - my neighbor and I checked it last night inside of his house with my PA system playing at the approximate sound volume at which I practice.(As we listened to the noise coming through the wall into into his house while staring at the sound level meter, my neighbor noted that the bass bothers him and his family about when the sound meter showed the decibel level beginning to exceed the low to mid 30's).From my reading of the San Francisco Police Noise Ordinance, 40 dcb is the acceptable limit for daytime sound coming from a residential neighbor, so it would appear that I am not over the limit.However, the noise is bothering him and "interfering with his ability to enjoy his home environment".Of course we'll try to work this out amicably, but I am receiving "cease" letters from the landlord. Does the landlord have a legal case against me if I continue to practice/rehearse?Also, if you have time, could you tell me if my interpretation of the SF Noise Ordinance as it pertains specifically to residential law is correct?https://www.sfdph.org/dph/files/EHSdocs/ehsNoise/GuidelinesNoiseEnforcement.pdfAm I indeed in compliance of the ordinance if I am not exceeding 40dcb, but still causing distress to the neighbor?Thank you!Sam

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Maverick

Doctoral Degree

6,358 satisfied customers
I live in an apartment complex in Reston, VA and have had an

Hello,I live in an apartment complex in Reston, VA and have had an ongoing issue with the tenant below me and the leasing office. My 11 year old son, myself, dog and cat live in an apartment on the 4th floor. The weekend we moved in, the tenant below me on the 3rd floor came up and knocked on my door that we were making too much noise as we were moving. A couple weeks passed and she came up again during a snow day when both myself and son were home sitting in my living room and complained of noise again. She also started to complain to the leasing office about our noise. After the office investigated my apartment and me, they decided I was not at fault and that it was standard apartment noise, especially since the majority of complaints were between 9AM and 9PM (during non-quiet hours). Well, the tenant continued to complain to the office about my loud apartment, so the office scheduled a meeting between myself and the other tenant to see if we could resolve the issue. I reluctantly went to the meeting. The result was exchanging numbers so that if she heard excessive noise she could text me and we could figure out where the noise was coming from. The texts from her eventually became excessive and uncalled for. I would walk through the door after getting home from work at 6PM and receive a text from her immediately. I contacted the office to let them know it had gotten out of hand and that I wanted out of my lease, my son and I couldn't live like this anymore - constantly worried about even walking around our apartment and living uncomfortably in our own home. The office told her to stop contacting me, but they would not let me out of my lease unless I gave them 30 days notice and paid the two month termination fee. I didn't have the money to do this so I decided to stay and hope she didn't contact me anymore. Well, last night - about 2 months after being told not to contact me - the tenant below contacted me again about noise WHILE I WAS IN BED. I can't deal with this anymore and want out of my lease without having to pay the termination fee because I believe the situation calls for it. I feel like it's become harassment. Is there anything I can do to break the lease without paying almost 6k to do so?Thank you very much.Laura

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Roger

Litigation Attorney

Doctoral Degree

33,430 satisfied customers
I moved into a top level apartment 3 weeks ago, instantly my

I moved into a top level apartment 3 weeks ago, instantly my son and I got sick. I approached the management immediately stating I smelled smoke or mold in apartment. We were in and out of the doctors office, until we started to stay at a different home at night, and are symptoms cleared to. We than saw the downstairs tenant (directly below us) smoking in their apartment. Both my son and I are allergic, with my son having severe asthma and a horrible asthma attack. I have doctors notes saying we can no longer reside in this property, and pictures documenting my eyes swollen shut day in and out. The manager of the apartment complex says I have to pay for the apartment until it is rented again if I move out immediately. I financially have no way of paying for a place I don't live in, and pay for a place we can actually live in. What can I do?

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legalgems

Juris Doctorate

13,532 satisfied customers
I want to vacate my short-term lease for what I believe is a

I want to vacate my short-term lease for what I believe is a solid reason. The house I am living in has no bannister on the stairs leading up to the second floor.

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Loren

Juris Doctor

36,276 satisfied customers
My landlord just informed me via voicemail that he and his

My landlord just informed me via voicemail that he and his wife are divorcing. She is moving back to the area and plans on moving back into the house. They want me to vacate the premises. I have a signed lease until May 31, 2017. I have never been late on any payments of rent. I am not in violation of any clause in the lease. Do they have the legal right to ask me to vacate and terminate the lease early? This is in the state of FL.Thank you,Catherine

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Loren

Juris Doctor

36,276 satisfied customers
Moved into a condo beginning June 2016.a few weeks ago a

Moved into a condo beginning June 2016.a few weeks ago a water leak was discovered inside interior wall of my unit.HOA hired contractor to remove mold in walls as well as floor and dry unit using commercial humidifier machines and fans.I requested to property mgr for assitance with temporary relocation during construction which he denied.Sections of the wall are missing,electrical wires are exposed,and the machines ran all day and night using my electricity and making the unit unbearably hot.It was between 95-98 degrees inside when i would return home from work.The machines were also very noisy.The wall is open exposing my unit to the neighbors unit and vise versa.The dogs are a human could pass through one of the openings in the wall and dogs can be heard barking at any time.Yesterday evening property mgr informed me that owner would pay for my meals,part of electricity and a hotel until wall is closed.today property mgr goes back on word and says the HOA contractor said that unit is livable so they are not going to pay for hotel after all.Is the legal? Can i break lease because they did not provide me with the implied warranty in California law that says tenant is entitled to "peaceful enjoyment?'

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
I have owned a building since Feb 2016. It's a four family

I have owned a building since Feb 2016. It's a four family apt building. 3 of the tenants are good. One woman who has been there for about 2.5 years has mental issues. She is harassing the other tenants and their visitors. Yelling profanities, banging on their doors, threatening them and their pets. Her son has admitted she is 'off her meds' and is trying to deal with it, but he is young and seems unsure of what to do. The police have been called a few times, but she won't answer the door and they say they are limited on what to do. She is clearly digressing. At this point, my good tenants want to move, so I want to evict her.

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RealEstateAnswer

Juris Doctor

29,728 satisfied customers
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