Q I have a neighbor whose door is just across from mine and whenever she enters
her apartment, she closes her door with a very loud bang. Sometimes, I am
asleep and I wake up and can’t go back to sleep. This has been going on for years and years. I talked to her
about it, begged, pleaded and shouted, unfortunately, to no avail. Once in a
while she will remember to be quiet, and no sound will emanate, but 90 percent
of the time I am bothered by the banging of her closet and door especially at
night. What can I do short of writing to the board? This is a condo building
and both of us are renters. Do I have any recourse?
—Sleep-Deprived
A “‘Short of writing to the board,’ this renter’s options arise under landlord tenant law,” says attorney R. Bruce Freeman, of counsel, with the Glen Rock, New
Jersey-based law firm of Buckalew Frizell & Crevina, LLP. “The writer could assert a claim against her landlord that her right to quiet
enjoyment under her lease is being violated, seeking either cancellation of the
lease or action by the landlord as a remedy. The writer might also have a claim
against her neighbor for nuisance, although it is doubtful that merely slamming
doors would rise to that level.
“If contacted, the board’s involvement would be limited. This is primarily a private dispute between
owners (or renters) with little connection to traditional bases of board
jurisdiction, such as impact upon common elements or upon interests of the
community as a whole.
“Nevertheless, under New Jersey law, the board has an obligation to provide an
alternative dispute resolution procedure (ADR) for ‘housing related disputes,’ even if these are merely ‘between owners,’ and do not involve the association directly. This would appear to be a housing
related dispute so the requirement to provide ADR would be triggered at the
request of the landlord/owner. If the writer contacts her landlord/owner and a
complaint is made to the association, the association must provide the two
owners or tenants with a forum to air their grievances, and possibly to mediate
an agreement to be more considerate of each other. However, ADR is a
non-binding procedure.
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