Found an issue on this page? Let us know and we will look into it as soon as possible.
Can I sue my landlord for a noisy neighbor disturbing my sleep daily in MA?
Anonymous3 views2 answers
Hi, I've lost a lot sleep(~4 hours daily) since a couple of months as my neighbor is very loud during late nights and has TV and other things he has going on constantly through the night. I complained to my landlord several times and they could not resolve the issue. I have audio recordings of the noises. I want to sue my landlord for not providing 'quiet enjoyment'. This has taken a toll on my sleep and health and I believe it is fair to be compensated. What are my chances of succeeding?
Rick M SeccareccioCriminal Defense AttorneyLowell, MAMA licensed ·
Excessive noise from other tenants under the landlord's control would constitute a breach of the landlord's covenant of Quiet Enjoyment. You should be ready to prove that you placed the landlord on written notice of the disturbances.
If the landlord's actions have so interfered with your use of the apartment that you have to move immediately, you may be able to do so without legally breaking your lease or rental agreement. The situation has to be extremely serious for you to be able to break your lease. If a court finds that the situation was not so serious that you had to leave, a court may order you to pay the rent after you move out.
You may also be able to sue the landlord for money damages. The money damages the court awards you will be the equivalent of either three months' rent or your actual loss, whichever is greater.
I agree with my colleague here. You would have to have put the landlord on notice and at the very least given them a fair chance to remedy the situation. The landlord may claim, however, that the noise is beyond their control (maybe a winning or losing argument -- hard to tell based on what you wrote alone). But yes, the statutory damages IF you prevail on a breach of quiet enjoyment claim are as my colleague described. You should consult with a landlord-tenant lawyer immediately and without delay, because it is not possible to assess your situation entirely based on your post. More information or a review of relevant documents/potential evidence may be required. You can use 's directory to find a lawyer or find one any way you so choose. Hope this helps.
