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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37873
Experience:  16 years real estate, Realtor. Landlord 26 years
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Is it state statue that upstairs owners must put in sound

Customer Question

Is it state statue that upstairs owners must put in sound proofing under the flooring to protect the downstairs owner for quiet ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..Is it state statue that upstairs owners must put in sound proofing under the flooring to protect the downstairs owner for quiet ?.No, there is no FL state statute that addresses this. This is something that is specifically addressed in any HOA or COA Bylaws or CCRs as to what materials have to be used in the construction of the property so as to eliminate any noise problems..This is a FL case that deals specifically with this issue and clearly states that this is controlled by the development documents, not state law:.Sound Proofing FL Case.If the unstairs neighbor is creating an unreasonable amount of noise, then the downstairs neighbor's recourse is to sue them for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation..So the down neighbor can sue the up neighbor to force them to do something to abate the noise if it is at an unreasonable level...thanksBarrister