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November 21, 2017 To Whom It May Concern, I’m having an

Customer Question
November 21, 2017To Whom...

November 21, 2017To Whom It May Concern,I’m having an issue with excessive noise from a rambunctious toddler that lives above me and a tenant below me with two dogs which at times bark in unison. When I moved in this apartment about 20 years ago, the lease that I signed stipulates in red wording, NO DOGS ALLOWED. In addition to this, the toddler above me runs rampant throughout the unit above, banging and stomping to point where my light fixtures rattle. Please note that I written management a nice letter which I did receive a response and so did the tenant above me. I was actually visited by the tenant with the toddler who basically told me more or less to deal with the noise because she’s allergic to carpet; sounds like a personal problem. At any rate, the racket continues and I mailed another letter to management stating that if they didn’t acknowledge my complaint in 30 days, I will retain an attorney. Do I have a case?
By the way, my name is*****: Because laws vary from place to place, can you tell me what state the property is in?

New Rochelle, New York

Lawyer's Assistant: Has anything been filed or reported?

I sent a notice to management regarding this issue.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm just extremely frustrated; both my parents passed. My mother last year and my father this year. I know that children make noise but this is beyond excessive. Between the dogs barking and the toddler running rampant, my nerves are on end.

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 20 minutes by:
11/21/2017
Lawyer: Expert James, Lawyer replied 7 months ago
Expert James
Expert James, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,213
Experience: I hold a JD and have more than 12 years of legal experience.
Verified

I guess what I want to know is what kind of case you are referring to? Are you asking if you have a case to vacate the apartment before the end of the lease?

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Customer reply replied 7 months ago
Perhaps I shouldn't have used that term; what I mean is can management be forced to comply to my complaints legally. Since they're not making a concerted effort to try to rectify the issue.
Lawyer: Expert James, Lawyer replied 7 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job.

Keep in mind, I can only give you truthful information. Simply telling you only what you want to hear is not the purpose of this site. So if you are upset at your situation but the quality of my answer is good, please do not give me a negative rating. I am only a messenger. And if you want more information, feel free to reply and let me know - I am here to help you.

ANSWER: Unfortunately, there is no legal basis on which you can force the management to do anything. Your remedies are within the lease itself. If the tenants are being a nuisance, then you can perhaps file claims against them directly, and then perhaps bring the management company in on the complaints. But there is no way to legally force the landlord to comply with your complaints.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Customer reply replied 7 months ago
What about the lease that I signed that stipulated no dogs allowed? Isn't that a breach of contract?
Lawyer: Expert James, Lawyer replied 7 months ago

It could be a breach of the lease terms if that tenant's lease says no dogs. But that least is between that tenant and the management company, not you and the tenant or you and the management company. You cannot enforce a lease agreement of which you are not a party. And you don't actually know if they have the same lease agreement that you have. As you said, you've been there 20 years. That tenant may have a different lease agreement that doesn't limit dogs.

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

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Lawyer: Expert James, Lawyer replied 6 months ago
Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Remember that the rating is not based on the outcome you wanted or desired, but instead, on my service to you. Negative ratings are reserved for Experts who are rude or unprofessional.
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