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Your Neighbors.

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Your Neighbors.

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yes it does

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There is a covenant of quiet enjoyment that exists in every rental agreement or tenancy. There was a court that held that the ringing of a smoke alarm for over one day was an interference of the tenants' right to quiet enjoyment of the premises.

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There is nothing in the Constitution about the right to enjoy peace and quiet. This is not one of the articles listed.

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Review your lease, to verify that you have a right to quiet enjoyment. If it is there or is implied, then your landlord has the responsibility to deliver such quiet enjoyment to you.


A simple course of action might be to go upstairs and knock on the door, then speak with the your neighbor and inform that person that their noise interferes with your quiet enjoyment of your unit.


If your visit has no effect, or you choose not to deal with the neighbor, then you can write a letter of protest to your owner -- your landlord -- and request that your owner communicate your distress to the owner of the unit upstairs. Request that whatever interferes with your quiet enjoyment be stopped or minimized.


Send a copy of your letter of protest to the board of the condominium association.


In the governing documents for the association, you can usually find language that addresses excessive noise, quiet hours and so forth, that you may be able to use in your protest.


(On a final note: Usually, in America, you can sue anyone for just about anything, if you can find an attorney who will take your case.)

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