Q: I am in need of assistance to solve a civil issue with my downstairs neighbor.
I live in an apartment in a tri-plex and my downstairs neighbors have their televisions on all day and night at a loud volume. I have spoken to them about this more than once. I have also sent correspondence to my property management via email and text message, to no avail. I am unable to get sleep which means that I am unable to work. I feel as though I am being discriminated against in the situation since I am black and no one else is. They offered to move me but not him. Do I have any recourse?
A: You have recourse. Fist, examine you rental agreement. Often there is a provision that states that you are entitled to quite enjoyment, or some such words, of the premises. Regardless of that, the law states that you are entitled to the quiet enjoyment of the property you have rented. You are obviously not getting that. You have notified the landlord and he has done nothing. Your recourse is to notify him in writing that because you are not getting quiet enjoyment of the premises, you are entitled to move out in 30 days. Personal delivery by a 3d party is the best, registered mail is also effective. Allow an extra 3 days to allow for mail to get to the landlord. Of course, if the neighbors stop the noise after 10:00 p.m., you may elect to stay.
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