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Thank you

Message edited 6/8/2019 10:24:03 PM.

Re: Advice needed

I’d write a serious letter to the complex and explain that you will not pay rent under these conditions. Explain that you called the cops and nothing happened. Do you have a renters’ association of some sort? I’d say go and talk to them upstairs, but that doesn’t sound safe.

I would also document stuff. Start taking pictures. I don’t know if you are allowed to record legally, but I suppose you could get audio while it’s happening in your house.

Re: Advice needed

A noise complaint needs to be handled by the police - not sure why they are saying it's Fairfield's problem.
Did the cops go up there and tell them to shut the fuk up?
What time was it when they came?

Message edited 6/5/2019 9:34:25 AM.

Re: Advice needed

I live at Heatherwood and have videotaped a tenant who kept blasting his radio out the window at 2:00am. Then I had the on call super come to hear it and he was given warning about it, and eventually after doing it over and over they terminated his lease and was removed. Sorry you are dealing with this. Apartment living can be so hard sometimes.

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The middle of the night one they told them to shut up. The day one we came home to pot being smoked through out both places, the cop talked to them and they denied. Their answer to everyone is an immature yougng careless "sorry" than continues all day and night.

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Send a letter to Fairfield, by registered mail. Tell them that your right to "quiet enjoyment" of your apartment is being interfered with. Tell them that you will be seeking legal remedies if the matter is not addressed. Does the noise effect other tenants as well? If so, maybe they will all sign the letter?

Read this for some ideas to put in the letter:

Noise laws

Keep calling the police and Fairfield and document EVERYTHING

Message edited 6/5/2019 9:55:31 AM.

Re: Advice needed

Message edited 6/5/2019 10:40:49 AM.

Advice needed

Yes, you're entitled to a standard of living that's not detrimental to your health (by law). Since they're breaking laws with their noise level and illegal drugs, you do have a leg to stand on in terms of "Quality of life". Document each incident as carefully as you can. Take pictures and video and seek the help of a lawyer. Good luck!

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Get out your lease and read it. Find out if there is a Warrant of Habitability clause.
That clause guarantees your right to live in a certain environment.
What you describe, that guarantee is being violated and the landlord is doing nothing about it.

Keep calling the police, even if it is every single day, keep contacting Fairfiled about this issue, document EVERYTHING.
You should be able to take Fairfield to housing court for them to remedy the situation. And I agree about contacting other tenants who might be bothered by this. As a group in housing court you have more leverage.
My experience in NYC housing court, it is rare for judges to side with landlords.

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Threaten getting a lawyer involved.

Advice needed

Fairfield is notoriously money hungry and it is all they care about when it comes down to it. I would not withhold your rent, they are so fast to evict. I agree about just bugging the hell out of them and getting a bunch of nearby tenants to do the same.

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Talk to your neighbors and see if they will put in complaints too. If enough people complain perhaps the landlord will do something about it.

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Advice needed

I also would not withhold rent. I lived in a complex years ago and 1 payment late and sheriff came. If it’s not low income housing, they will evict and start proceedings and it won’t be as tenant friendly.

Re: Advice needed

Write a certified letter telling them they are not providing "quiet enjoyment" and violating "habitability " of your apartment. Check out the state statute on both, cite them in your letter. Also find the portion of your rental contract that speaks to those issues. Don't stop calling the police. The squeaky wheel gets oiled. I would continue to pay rent because Suffolk county is not tenant friendly. When does your lease expire? Could you find a new place to live?

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I would not withhold rent since then you are breaking your lease. First read your lease. I'm sure there are noise clauses in there that your neighbors are breaking. Then, document every complain to both the management company and to the police. Do not call 911, call your local precinct.

Re: Advice needed

The warranty of habitability should apply regardless if it's written into the lease or not.

Just tell them that the situation is violating this portion of your lease, record what you hear (NYS is a one party state so you can record), and present it to them.

See what they say. You probably won't have to withhold rent if you start talking about the warranty of habitability clause.

Advice needed

We lived in a Fairfield and also had problem with college renters. It was awful. Fairfield would do nothing. They did not care, they just wanted their rent. We called the cops all the time. They would come and ticket them. One day they had a party and all their cars blocked our driveways and they would not answer the door to move them. We called the cops and had the cars towed. Another time the swat team showed up because they were dealing Heroin. They tore down one of our walls looking for their stash. After daily complaining to the management, they offered to let us out of our lease, which we ended up doing because my daughter is autistic and didn't need to hear them screaming through the walls all hours of the night. Good luck. Fairfield is a bear and is impossible to work with. Do not stop paying rent because they have a team of lawyers just waiting in the the wings and will start charging you absorbent late fees.

Advice needed

I shouldn't jump into the fray here but . . . . You don't say which Fairfield complex, but all the townships (Islip, Brookhaven, Babylon, Huntington, Smithtown) have noise ordinances that you can look up online through the town's website. Make sure you know what time it has to be quiet, then call Suffolk PD each and every time you have an issue with noise that violates the town ordinance. Have them show up and give you an incident report that says you want the noise documented (or the smell of pot, or whatever). Once you have a small handful of them, copy them and send certified, return receipt letter to Fairfield at the Melville address. Tell them the neighbors are interfering with your right of quiet enjoyment of the premises, as evidenced by the attached police reports. Tell them you want immediate action taken. (you can add, or you will being withholding rent starting the following month, but beware of this because they can decide not to renew your lease, and if they do that they won't rent to you in any of their other properties and they are starting to buy up EVERYTHING - although a lawyer could argue it was retaliation for complaining)

As for Fairfied and a team of lawyers - for landlord tenant cases they only have two. As for late fees - yup, they charge those at a rate of 10% (check your lease, because they started lowering it)- which is no good in Suffolk County if you know to say it's a penalty to the judge.