Tenant Can't Prove Upstairs Tenant Made Excessive Noise

July 23, 2019

LVT Number: #30259

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding possession and rent arrears totalling $3,750. Tenant appealed and lost. Tenant claimed that the trial court should have given her a rent abatement based on breach of warranty of habitability. Tenant complained about excessive noise from the upstairs apartment. But tenant failed to prove her claim. Tapes of noise that tenant made were all recorded before 9 p.m., the noise didn't have long durations, and tenant didn't provide any proof of decibel levels.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding possession and rent arrears totalling $3,750. Tenant appealed and lost. Tenant claimed that the trial court should have given her a rent abatement based on breach of warranty of habitability. Tenant complained about excessive noise from the upstairs apartment. But tenant failed to prove her claim. Tapes of noise that tenant made were all recorded before 9 p.m., the noise didn't have long durations, and tenant didn't provide any proof of decibel levels. Landlord also testified that the upstairs neighbor's apartment was covered with rugs and padding. There also was no proof that landlord failed to respond to tenant's noise complaints.

 

Green Garden Corp. v. Mansoor: 64 Misc.3d 128(A), 2019 NY Slip Op 50991(U) (App. T. 2 Dept.; 6/14/19; Pesce, PJ, Weston, Aliotta, JJ)

Topics

More like this