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    Renting & Real Estate


    sue landlord or tenant?

    i am a tenant in nyc and one of the tenant below making noise really loud at night , i had been talk to landlord but he said he cant do anything about it , he said 311 and police but nothing work , so should i sue the landlord or tenant .if i sue lanllord , do you think there are a way for landlord to stop the tenant from making noise or sue tenant and get that tenant to evict from the apt building or do you think if rest of the tenant sign the petition and to goes against the tenant. they also sitting on the hallway , smoking , running around and talking to someone in the phone really loud ,
    a few seconds ago 6 Answers

    Best Answer

    You can't sue either one. You have suffered no loss and you are trying to deny them the right to talk, smoke and run. Nothing there is illegal. Your landlord has no control over people and their behaviour. It sounds like you need to move to where no people live.
    a few seconds ago

    Other Answers

    • Usually when a person complains that goes in their file that they complained, but it does not get them evicted. If there are county ordinances for noise after a specific hour and they are annoying you during those times then the police can effect a city ordinance on them. Otherwise you'll need to wait till they move. If they are that bad they probably won't stay longer than a year. No you can't sue anyone nor can you start up a petition, none of that works. However if they are smoking and leaving butts and that is against a fire ordinance then you might be able to get them to stop doing that (by notice from the city) but other than that you don't have a case. You can, of course, move if you want to.

      by sophieb - 6 hours ago

    • There is not much you can do, but call the police each time they are making loud noise after a certain hour. More than likely in NYC you won't get anyone coming out. We lived in a town that had no noise ordinance. It stunk. All the police could do was come out and tell them to turn it down. You cannot sue someone for noise. Unless they are damagng your propery good luck getting anything done.

      by unschoolymomma - 6 hours ago

    • You have no grounds to sue anybody! Considering that the other things you say they do sounds like normal living noise, I seriously doubt that this other noise is legally excessive so there is really nothing you can do about it. In order to take ANY action you would have to prove that the noise is excessive and that the landlord is not doing anything about it. The landlord is correct the the police will not do anything. They will not intervene unless the noise is loud enough to break the law. None of the other things you said they do is against the law nor against most leases. That is just something you must deal with in apartments. You CANNOT get someone evicted or sue them just because you think they are irritating!! Grow up, get a life and find a free standing house to rent before YOU drive everyone else nuts!!

      by Wildcat - 6 hours ago

    • maybe you should talk to your other tenant or just find another place.

      by Aida - 6 hours ago

    • There's one golden rule with lawsuits - when in doubt, just sue everybody and let the court sort it out. Meaning, just sue both of them, and let the judge determine who he/she will hold liable and for how much. Technically they may both be at fault.

      by T H - 6 hours ago

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