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I have been renting an apartment since July and subtenants…

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Hi, I have been...

Hi, I have been renting an apartment since July and subtenants moved into apartment below me in september,.after I moved in. They have 3-5 kids and they are extremely loud, jumping, and screaming. It.soinds like a bomb in going off and constant banging all day on weekends and from time I get off work until 10 pm. I've complained to property managers and owner of condo. They stated there's nothing they can do and condo owner told me to spend my time out of the apartment and at the library if I need quiet . I had to buy $400 noise cancelling headphones and have to wear them 24/7 at the apartment. I spoke with downstairs neighbor with rude reception and she said she can't tell her kids to be quiet and they won't listen to her . She asked me to talk to them. Is this normal? This seems extremely unreasonable

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Massachusetts

Lawyer's Assistant: What steps have you taken so far?

Please see above paragraph

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

No, the paragraph says it all

Submitted: 3 months ago.Category: Legal
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3/23/2018
Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 3 months ago

I'm sorry to hear that- especially since it is ongoing.

There is what is called an implied covenant of quiet use and enjoyment that is implicit in every lease; this is based on common law but the legislature has also codified it due to its importance, at chapter 186 section 14 - the statute is below, with further explanation underneath:

Section 14. Any lessor or landlord of any building or part thereof occupied for dwelling purposes, other than a room or rooms in a hotel, but including a manufactured home or land therefor, who is required by law or by the express or implied terms of any contract or lease or tenancy at will to furnish water, hot water, heat, light, power, gas, elevator service, telephone service, janitor service or refrigeration service to any occupant of such building or part thereof, who willfully or intentionally fails to furnish such water, hot water, heat, light, power, gas, elevator service, telephone service, janitor service or refrigeration service at any time when the same is necessary to the proper or customary use of such building or part thereof, or any lessor or landlord who directly or indirectly interferes with the furnishing by another of such utilities or services, or who transfers the responsibility for payment for any utility services to the occupant without his knowledge or consent, or any lessor or landlord who directly or indirectly interferes with the quiet enjoyment of any residential premises by the occupant, or who attempts to regain possession of such premises by force without benefit of judicial process, shall be punished by a fine of not less than twenty-five dollars nor more than three hundred dollars, or by imprisonment for not more than six months. Any person who commits any act in violation of this section shall also be liable for actual and consequential damages or three month's rent, whichever is greater, and the costs of the action, including a reasonable attorney's fee, all of which may be applied in setoff to or in recoupment against any claim for rent owed or owing. The superior and district courts shall have jurisdiction in equity to restrain violations of this section. The provisions of section eighteen of chapter one hundred and eighty-six and section two A of chapter two hundred and thirty-nine shall apply to any act taken as a reprisal against any person for reporting or proceeding against violations of this section. Any waiver of this provision in any lease or other rental agreement, except with respect to any restriction on the provision of a service specified in this section imposed by the United States or any agency thereof or the commonwealth or any agency or political subdivision thereof and not resulting from the acts or omissions of the landlord or lessor, and except for interruptions of any specified service during the time required to perform necessary repairs to apparatus necessary for the delivery of said service or interruptions resulting from natural causes beyond the control of the lessor or landlord, shall be void and unenforceable.

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section14

Basically if a party under the landlord's control fails to rectify an unreasonably loud disturbance, (based on what a reasonable person would determine) the landlord can be liable. The tenant may do the following after giving written notice to the landlord and after failure to act:

1. seek a temporary restraining order requiring the landlord to address the noise concern

2. seek a restraining order against the particular individuals

3. consider it "constructive eviction" if the landlord fails to act. This is the most difficult one because the tenant must have a strong case established before moving out or the landlord may claim the tenant unreasonably breached the lease by moving out early.

Sometimes the landlord will sign a surrender releasing the tenant from the lease.

There may also be CC&Rs that address the issue (noise requirements) that may help tenant establish their case.

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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