Q: Landlord with two renters in one house - what is quiet enjoyment? Drumming....
I live in second floor unit, and the other tenant on first floor. For years we are having excessive noise from first floor tenants. We tried to talk to them in the beginning but we were ignored. So after that I kept bringing the issue up to the landlord. He talked to first floor renters multiple times, and I had to call cops few times. When I kept asking the landlord to take some action regarding this and brought up "quiet enjoyment" clause, he said he talked to his lawyer who told him that quiet enjoyment only applied between renter and the landlord that is landlord would not be interfering with quiet enjoyment of tenants, and that we would have to deal with noisy neighbors ourselves or leave. Now in addition to all the noise they now have some type of acoustic drum(s) which drives me absolutely crazy. Cops are useless, landlord again is not willing to do anything. So isn't it landlord's responsibility to provide quiet enjoyment considering that he rents out two neighboring units?
A: What your landlord told you is ridiculous and self-serving. You're talking about another tenant that's well within the control and responsibility of your landlord. Anyone tenant who regularly ruins the peace and quiet of other tenants can (and should) be evicted by the landlord as a disorderly tenant under N.J.S.A. 2A: 18-53(c). Cops handle criminal matters; this is a civil matter so you should get a lawyer.
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