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Old 08-31-2009, 12:12 AM
 
23 posts, read 87,640 times
Reputation: 31

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Quote:
Originally Posted by The Michigan Man View Post
Why should the neighbors have to foot the bill? It's not their fault the building was poorly made.
You are missing the point here. Whoever is responsible should put down the carpets. Also many people like carpets so they would be benefitting. The main idea is that you should do whatever you can to avoid disturbing neighbors as you would others to do the same for you. Who pays the bill is up to the complex rules, laws or whatever is decided by those concerned.

Last edited by TekWiz; 08-31-2009 at 12:17 AM.. Reason: language
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Old 08-31-2009, 05:14 AM
 
636 posts, read 1,423,680 times
Reputation: 167
Quote:
Originally Posted by TekWiz View Post
You are missing the point here. Whoever is responsible should put down the carpets. Also many people like carpets so they would be benefitting. The main idea is that you should do whatever you can to avoid disturbing neighbors as you would others to do the same for you. Who pays the bill is up to the complex rules, laws or whatever is decided by those concerned.
Why would the tenants ever be responsible? Again, it's not their fault the building was poorly made.
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Old 08-31-2009, 01:16 PM
 
106 posts, read 898,234 times
Reputation: 125
Quote:
Originally Posted by TekWiz View Post
Throwing insults, laughing at people's suffering and using descriptions such as "self centered" is simply uncivilized, unconstructive and unacceptable. The discusssion of rules, laws and avenues for enforcing/legislating them is what is needed.

TekWiz
If your condo association will not enforce the by-laws your only option is to hire a lawyer and sue the association, the management company and the owner of the offending unit for not enforcing the % carpet rule and for making your unit uninhabitable.
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Old 08-31-2009, 01:48 PM
 
106 posts, read 898,234 times
Reputation: 125
Quote:
Originally Posted by pchs View Post
Yes I'm sure there are all kinds of legal avenues available for those who want to pursue someone for walking in their own home...Eviction due to walking I love it, especially given that NJ is such a landlord friendly state which makes it so easy to evict people .

The landlord's only problem would be having to put up with such a complainer! What's next, eviction due to snoring, due to work hours, due to social hours, due to breakfast time not being compatible with the rest of the tenants. Maybe we should evict people who have a baby b/c it cries at night. Hearing other people's daily living related noises is part of what life is like living in shared quarters. Noise violations pertain to excesses. If someone can't understand that they need to grow up. And please don't try to tell me that your bosses have given you paperwork to handle for evicting someone due to walking. If anyone believes that I have a bridge to sell them.
Roll your eyes all you want. You really know nothing about landlord and tenant law in New Jersey. It's a serious quality of life issue. Each side has rights AND responsibilities, it's not favored or geared towards one side or the other. The problems start when one side ignores their responsibilities.

A landlord has a duty to act on an excessive noise complaint and a tenant has a duty to not make excessive noise. If the building isn't insulated properly then a tenant has to be extra careful. Same with condo owners. The association and management company have a duty to enforce the noise and carpeting rules in the by-laws if the individual owners won't do it themselves. They can and do get sued for this, and it gets expensive.

We can and do evict tenants for excessive noise, and we aren't the only firm in New Jersey doing so. The tenant is first served with a Notice to Cease, and if they don't cease, they are served with a Notice to Quit. If they don't move by the date in the notice, we file to evict as a holdover tenant. It's very effective. A lot of these tenants are as dismissive and snarky as you are being about the issue, and they find out the hard way that it is taken seriously by the court.
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Old 08-31-2009, 02:16 PM
 
636 posts, read 1,423,680 times
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Quote:
Originally Posted by JCParalegal View Post
If the building isn't insulated properly then a tenant has to be extra careful. .
Why? Again, it's not their fault.
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Old 08-31-2009, 04:03 PM
 
106 posts, read 898,234 times
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Quote:
Originally Posted by The Michigan Man View Post
Why? Again, it's not their fault.
Because it is their responsibility.

You need not be the root cause of a situation in order to be the one upon whose shoulders it falls to make the correct choices, take appropriate actions or to have the appropriate response.

You can't take a too bad don't don't live under someone stance if it is within your power to abate a situation. If it takes you not wearing shoes while at home, not rearranging the furniture at 2:00 am, not practicing your line dancing at midnite every Tuesday, not allowing your children to run around like they are in the park, not playing your radio and tv at full volume, not hollering over the phone to your deaf grandmother in another time zone or whatever it is that you have to do to keep the noise at an acceptable level. No one is asking anyone to remain silent and seated at all times while they are home. That's unreasonable. What they are asking is that they realize there are issues with noise and to do things that are reasonable in order to keep the noise to an acceptable level.

Last edited by JCParalegal; 08-31-2009 at 04:20 PM..
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Old 08-31-2009, 04:16 PM
 
23 posts, read 87,640 times
Reputation: 31
Thanks JCParalegal for describing the procedures that are taken in such cases...

Saying the following:

Quote:
Originally Posted by The Michigan Man View Post
Why would the tenants ever be responsible? Again, it's not their fault the building was poorly made.
Is quite silly since you could say, "why can't I play my 100W stereo at full volume? It's not my fault the building wasn't made with good sound-proofing, why shouldn't I just live my life the way I want to?"

Obviously if someone is suffering from noise it's everybody's responsibility to do whatever they can to alleviate the situation as much as possible. Thank god there are rules and laws available to help in these situations. Otherwise it looks like in today's society people tend to laugh at other people's suffering and call them "crazy".

I found another thread on this type of problem. It seems most people tend to side with the person making the noise. They feel great sitting behind the keyboard acting tough but I wonder how they would feel if they or a member of their family was the one suffering.

In this thread, the abuser is aware they can install wall-to-wall carpets with padding but says it's too expensive...

http://www.thathomesite.com/forums/l...253827489.html

TekWiz
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Old 08-31-2009, 08:23 PM
 
636 posts, read 1,423,680 times
Reputation: 167
Quote:
Originally Posted by JCParalegal View Post
Because it is their responsibility.

You need not be the root cause of a situation in order to be the one upon whose shoulders it falls to make the correct choices, take appropriate actions or to have the appropriate response.

You can't take a too bad don't don't live under someone stance if it is within your power to abate a situation. If it takes you not wearing shoes while at home, not rearranging the furniture at 2:00 am, not practicing your line dancing at midnite every Tuesday, not allowing your children to run around like they are in the park, not playing your radio and tv at full volume, not hollering over the phone to your deaf grandmother in another time zone or whatever it is that you have to do to keep the noise at an acceptable level. No one is asking anyone to remain silent and seated at all times while they are home. That's unreasonable. What they are asking is that they realize there are issues with noise and to do things that are reasonable in order to keep the noise to an acceptable level.
I'm not arguing what the law says. As we all know, laws can be absurd. I'm arguing what should be. It's not the tenant's responsibility. If someone can hear the people them when they are simply walking, the building was poorly made. That is not the tenant's fault. They are paying to live there and the landlord is receiving money to provide a reasonable living space. If the space is not reasonable, that falls on the landlord.
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Old 08-31-2009, 08:28 PM
 
636 posts, read 1,423,680 times
Reputation: 167
Quote:
Originally Posted by TekWiz View Post
Thanks JCParalegal for describing the procedures that are taken in such cases...

Saying the following:



Is quite silly since you could say, "why can't I play my 100W stereo at full volume? It's not my fault the building wasn't made with good sound-proofing, why shouldn't I just live my life the way I want to?"
And who exactly said this?

Quote:

Obviously if someone is suffering from noise it's everybody's responsibility to do whatever they can to alleviate the situation as much as possible.
No, it's the landlord's responsibility. The tenant should not have to compromise his quality of life simply someone else's life is compromised.

Quote:
Thank god there are rules and laws available to help in these situations. Otherwise it looks like in today's society people tend to laugh at other people's suffering and call them "crazy".

I found another thread on this type of problem. It seems most people tend to side with the person making the noise. They feel great sitting behind the keyboard acting tough but I wonder how they would feel if they or a member of their family was the one suffering.
FYI - In my last apartment, I lived under a couple where I could hear every step they took. And to top it off, they were drug drug dealers who came home at all hours of the night and had many in-and-out visitors.

So much for internet toughness...

Quote:
In this thread, the abuser is aware they can install wall-to-wall carpets with padding but says it's too expensive...

http://www.thathomesite.com/forums/l...253827489.html

TekWiz
It's easy for you to tell someone else to go buy new rugs. Using the same logic, they would tell you to move to a top floor or a quieter apartment.
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Old 09-01-2009, 11:57 AM
 
106 posts, read 898,234 times
Reputation: 125
Quote:
Originally Posted by The Michigan Man View Post
I'm arguing what should be.

"In a perfect world ..." isn't a defense. It's an opinion.
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