Judge Jonna: The Case of the Loud Neighbor
If you missed the last Judge Jonna, don’t worry, tomorrow she rules on another case. If you have a dispute, let us know by e-mailing judgejonna@wpdh.com and let her decide live on the Boris & Robyn Show!
Read Attorney Jonna Spilbor‘s ruling recap from last week below.
Our “litigant” today was Jackie who recently rented an apartment in a complex, only to learn soon thereafter that her neighbor liked to party like it was 1999, including hosting lots of people and listening to really loud music in the wee hours while she was trying to sleep.Our litigant tried the nice neighbor approach, and asked the neighbor if he would mind “turning it down, please.” The neighbor, who I will lovingly refer to as “High Volume Vinnie”, gave a her a look that said, “Bug me about my music again, and I will bite the head off a live parrot, and by ‘a’ I mean YOURS!” so, our litigant needed some advice on what step to take next.In NY (as in most states), a landlord is required to ensure that a tenant is free from excessive noise. Once a landlord is placed on notice (which would be our litigant’s next necessary step), the landlord’s failure to abate the noise may result in a breach of the landlord’s obligations. Ultimately, a breach of the landlord’s obligation could allow for the tenant to move without penalty (i.e. to break the lease) and/or may allow for the tenant to receive damages (the costs incurred by having to relocate, etc.)Not only is it crucial for the tenant to put the landlord on notice, but it’s equally important for the complaining tenant to document, document, document! The tenant must establish that the landlord's conduct “substantially and materially deprived the tenant of the beneficial use and enjoyment of the premises”. The burden of proof will be on the tenant.My ruling: I advised our litigant to RECORD the offending noise (easy to do on a smart phone) and send the recording to her landlord with a complaint, then wait for the landlord to take action (but don’t want too long!) Failing that, I suggested she buy a tuba and teach herself how to play it on his front stoop. Hey, sometimes ya’ just gotta fight fire with fire…
Judge Jonna is not an actual “Judge” – she is, however, a very real attorney and TV legal analyst, and — in her own mind – a staunch arbiter of truth, justice, dating problems, loud neighbors, bosses who suck, people who get caught doing stupid stuff, rude drivers, crazy exes, crying babies on planes, trains and at the hairdresser’s, people who meander the grocery store aisles way to slow, and jerks of all shapes and sizes who sometimes rub us the wrong way.
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