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This Week's Question

January 9, 2006

By Nena Groskind

 

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Q:   My husband and I lived below a family with two small children who used the apartment as their playground. Our landlord was unable, or unwilling, to do anything about the problem. When we realized that we’d never be able to sleep past 6:30 a.m. on weekends, we moved to a top floor apartment in the same complex and made this rule: “Never live below anyone again.” People with small children shouldn’t’ rent apartments on the upper floors of buildings; it’s not fair to the neighbors or to the children. My experience suggests that constant complaining to the landlord in these situations won’t accomplish anything. You can’t make children be quiet; sometimes, if you’re going to keep your sanity, you have to be the one to give in.

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A:   While moving to a top floor to escape children (or avoiding top floors if you have them) may not always be possible, your underlying message underscores a point I try to make whenever I receive complaints about noise, or most other tenant vs. tenant complaints, for that matter. Typically, there is no way to win these battles and little percentage in trying. Compromise may not be easy or pleasant, but it almost always beats the alternatives—litigation and/or perpetual friction with your neighbors.

Marcus, Errico, Emmer & Brooks, P.C.
45 Braintree Office Park, Braintree, MA  02184
Telephone: (781) 843-5000    Fax:  (781) 843-1529
E-mail:  law@meeb.com  Web Site:  www.meeb.com
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