Should I Warn Prospective Tenants About My Noisy Neighbor?

Not on point, but of note- This query concerns a tenant leaving a rental apartment. As an attorney who does residential transactional real estate in New York City, i’ll mention that this issue comes up when an individual is selling their cooperative or condominium apartment. Representing buyers, we always inquire and ask the seller to make a specific representation as to whether or not the seller has experienced unreasonable noise, odors, heat, cold, water pressure issues, bed bugs, vermin or any other adverse conditions. If the upstairs neighbor is a Butthead who comes home at 2 AM and clunks with their boots across every wooden floor, I want to know about it before my clients signed the contract on the dotted line.

I too am struggling to understand the advice given here. What would be the legal basis for an action against a tenant for speaking truthfully about his/her experiences in the apartment? Tortious interference with contract? Not sure what's stated here would sustain that cause of action unless the departing tenant was very aggressive and active in thwarting the landlord from re-renting, which the LL would have to document and prove, and also untruthful. If the tenant had communicated previously with the landlord about the noise, and called the police about it, and could document both, then the defense would be that s/he was not being untruthful about their views on the noise level. Although I suppose the departing tenant could find him/herself on that dreaded LL list that blocks tenants from renting new places (why wouldn't that be illegal as well??)

From an ethical perspective letting the landlord know about the issue seems the right solution. It seems this has already been done. Going to great lengths to let future tenants know about seems excessive and legally risky.

I just wonder what the great late tenant rights fighter Ester Rand founder of the Met Council on Housing would say to this mild Lawyer's comments which for me is sort of speak softly and carry no stick.

you're giving up a rent stabilized apt because of noise? Earplugs, headphones, white noise machines.

I must say, this column always seems to be written from the viewpoint and for the benefit of landlords. If the new tenant asks you why you are moving, it's illegal, and you open yourself up to a suit, by telling the truth? This is NYC. For every Samuel J Himmelstein, you can find a hundred lawyers who will tell you that not is it only perfectly legal to share the pitfalls of the apartment with a new tenant when asked, but, indeed, you have an obligation to do so. Aside from the moral obligation to not lie. Mr. Himmelstein, doesn't that enter into you calculation, even a teensy bit?

The advice is quite disgraceful: you are perfectly allowed to tell every prospective tenant that the neighbor is noisy, and as long as you are not intentionally lying, the landlord could never sue you. If they want to sue you, they would have to be able to demonstrate that 1) you lied, and 2) that the lie was intentional and not a genuine mistake. In what world could people get sued for telling the truth? So yes: you should tell any prospective tenant. Something as plain as “the neighbor sings loudly on a regular basis (I have counted X times over the last Y weeks, each time for about Z minutes on average), the volume bothered me, it is the reason why I’m leaving this place, and that’s just not me because I know very few people who would not be exasperated by it”. Good luck to your landlord if they want to sue you over that. I would probably tape the message as a note somewhere in the apartment if the landlord organized visits in my absence. Not telling prospective tenants is potentially setting them for a terrible year and large costs moving, so “not my problem” is certainly not a good attitude (from a moral point of view) if you have nothing to lose anyway. Maybe they don’t care about the noise indeed, but then it would at least put them in a stronger position to negotiate the rent.

There is no way you could get sued for telling any prospective tenant about the noise. As long as you are being genuine (such as "the noise from the neighbor was bothering me a lot, and this is why I'm leaving" for example) the landlord would have no leg to stand in a tribunal, because you are just telling the truth. Whether you are telling the truth to harm the landlord or just to be nice to the tenants is irrelevant here. For example you can tell tenants that there are bedbugs in the apartment if it is the case, even if it means that no one will ever rent it after you told them that, and the landlord could not sue you despite their obvious loss. Actually you could even tell prospective tenants to not move in because the apartment has bad feng-shui, because the stars are not well-aligned, or because you think it is very bad value for money (even if you couldn't demonstrate any of these non-factual statements): to be able to sue you, the landlord would have to demonstrate that you were intentionally lying about the issue.

For every "good" landlord who tries to evict such tenants, there's ten who are actively seeking them out, hoping they'll drive out everyone else so they can churn the rents.

I lived in a rent controlled apartment in D.C. for a decade and was a model tenant. Jerks moved into the apartment on the top floor. I complained to my landlord who asked to be updated on a regular basis. After several months, my landlord was tired of the complaints and went to see the bad tenants. They'd been drinking and were rude and dismissive of him. That sealed their fate. The landlord told me that their rent was not at the highest he could charge - so he could raise it a lot. He could also make their lives miserable in other ways he did not elucidate to me. He indicated to the bad tenants he would allow them to break their lease. Immediately. My landlord was a nice decent guy and I was always amazed he was able to dispatch those jerks so quickly. He told me he felt an obligation to keep the building safe and decent for the good tenants who didn't create problems, were respectful of their neighbors and paid their rent on time. It's good to know such landlords exist.

Instead of moving out, you might want to consider hiring a company called Acoustilog to install sound and vibration monitoring equipment in your apartment and then taking your landlord to court by filing an HP action. The landlord has an obligation to maintain the warranty of habitability in all his units, which includes your right to quiet enjoyment of your own home. Your next-door neighbor is violating this, and the landlord is legally required to cure it. A rent-stabilized apartment (in Chelsea no less!) is worth its weight in gold. Remember that market-rate tenants are forced to live like serfs and pay whatever increases the landlord likes, sign any lease riders the landlord likes, and leave at the end of the lease term if the landlord likes.

Who knows? The next tenant may well like the going and join the 'fun'. Let the world move on; and let us move on, too.

I don't agree that moving is the answer to get away from a noisy neighbor, especially if you like your apartment and it's rent-regulated. You could be facing a worse situation in your next apartment. I would hire a lawyer to put pressure on the landlord to resolve the issue or start an eviction case against the offending tenant. The noise complaint system in New York is useless, and leaves people scrambling in circles. You would be surprised how a lawyer can get a deaf landlord to listen. Think carefully before you leave an apartment that you love.

Rent controlled in Chelsea? Lemme know the address I’m interested I couldn’t care less about karaoke man next door. As long as the people upstairs aren’t constantly moving furniture around...

Now? Seems to me that causing conflict with your landlord now would not be productive. You are leaving the situation by moving. If it was so bad, you should have sued your landlord or the extremely noisy neighbor.

This is terrible and manipulative advice. ”The safer thing to do would be to shut up"?! To be fearful of getting sued for voicing an opinion and/or fact? To blanket state that this is the equivalent of “going around badmouthing your neighbor to make it more difficult to rent out the apartment?” Intentional persuasion?! Shame. The law firm/advertiser/writer’s response cautions tenants against freedom of speech in ‘real life,’ yet at the same time says it’s fine to “voice concerns on the internet.” Regardless of whether or not it’s a “rent stabilized apartment in a prime Manhattan neighborhood,” it’s unfair and mean spirited to a prospective new renter, who is looking for a home (and not researching “lengthy gripes” vs. serious living concerns that affect a tenant’s basic rights). All this helps increase turnover and deregulation opportunities for the landlord and their lawyers. Also, it is unrealistic to assume a tenant can avoid ‘risk’ by getting other tenants organized and participating, unless the problem in knocking at their own door, They have jobs and lives. Beware the wolf in sheep’s clothing, that plays all sides in the despicable real estate inferno of housing court, drumming up fear and loathing, and lot’s of business/money!!!

Think of it this way, would YOU yourself want to be told about this? Having a bad neighbor is a shortcut to a miserable tenancy and probably a miserable life, due to lack of sleep, etc...

I advised my niece, who had an inconsiderate and very loud neighbor, to: 1) contact other of his neighbors to present strength to the landlord; 2) start keeping records of when the noise happened; 3) make audio tapes; 4) do not make contact with he noisy one, especially if he smells something's happening; he'll only weaponize whatever is said.

I used to be a NYC landlord (not a big company by any means). If I learned of a situation like this rude and noisy tenant… I would have had our staff call the bad tenant. If it were to happen again, I’d inform them in writing. If it were to happen again, I’d have our outside attorney inform them in writing. If it were to happen again, I’d initiate legal proceedings to the fullest extent of the law to get them out. I would not want rude people like that living in any of our properties. In my experience, about 95% of tenants are good tenants (customers) and 5% are terrible, in all respects. Such “5%” were bad for me and bad for their neighbors. As soon as such bad tenants were identified, I’d give them a few chances to improve. But, if those chances were not taken… I’d seek to cut my losses and my other tenants’ losses as soon as possible. And… I’d also make some accommodation for the “good tenant” next door… a reduced rent until I can get the noisy neighbor out. It’s the right thing to do.

Years ago, I sold my condo to a young lady. I felt guilty at the time because the building was constructed with virtually no sound insulation between units. I could hear every ring of the neighbors' phones. It was awful. I remember thinking that I should have warned the buyer of the awful noise, but I said nothing because I did not want to derail the sale. Several months later, I heard from the buyer. She loved the condo and was very happy with her new home. I now realize that some people (like me) are very sensitive to noise and others (like my buyer) are not.

Look at it this way: it's a rental; if they can't take the noise, they'll have the same choice you have, leave at the end of the contract. I would be more concerned if I was selling the apartment. I was in that situation once and I felt guilty. Should I have said something? Should I have said that the neighbor blasted music after 10:00 PM? That is against ordinance but I decided to sell after two weeks living in the apartment. The neighbor said he wasn't going to stop. I declined offers from the buyer and the buyer insisted in getting the apartment. I sold it at a loss. That made me feel better and glad I got rid of it. Then, I moved into a house to find peace and quiet. Loud neighbors moved across the street in a rental house: loud revving of engines, thumping music from cars in and out all day. That is against ordinance as well. But they were quiet whenever I called the police. They have to hear it to give a citation. I never gave up. I complained to the landlord and kept calling the police. They finally moved out and bought a house in another subdivision. I feel sorry for their new neighbors. Some people are totally inconsiderate and thoughtless. Cities have noise ordinances. Rural areas don't.

Knock on Mr. Karaoke's door and suggest he stage a partcularly robust performance during the time when the landlord is showing the apartment. This will alert prospective tenants to the noise and they can decide for themselves whether it matters. And Mr. Karaoke has an incentive to screen out those who do not appreciate his howlings. Maybe a deaf person will rent the place, everybody wins.