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Tenants, landlord disagree on definition of ‘excessive’ noise

Real estate is a complicated, dynamic industry that just about everyone has some familiarity with as a tenant, landlord, property owner or real estate professional. People across Orlando generally understand that there are leases, contracts or purchase agreements that must be complied with or there can be consequences.

However, not everyone agrees when it comes to interpreting certain aspects of these documents and it can be difficult for two sides to see eye-to-eye, which can lead to a legal dispute.

Recently, for example, two parties in another state butted heads regarding noise levels. On one side of the debate is a health club; on the other side is the owner of the building where the health club leases space.

According to reports, a few tenants in the building where the club is located filed complaints about the noise and vibrations coming from the heath club, which has been a tenant in the building for 14 years. New owners of the building recently decided to take action by sending the club a notice of default.

The club owners, however, argue that the new owners are unfairly and wrongfully interpreting the lease agreement in place. According to them, the sounds and vibrations emanating from the space are “customary” of this type of business and therefore are not considered excessive and do not indicate defaults under the agreement. The club has filed a lawsuit against the new landlord requesting $8 million in damages.

Sharing property can be a complicated relationship. On one hand, it is important that tenants are able to enjoy their property and operate or live without intrusion by others. On the other hand, there are unavoidable or expected situations that come with sharing a property or building with others.

In the event that two sides cannot agree on what is and is not considered a violation of a lease agreement, one party may decide to file a lawsuit. Whether you are the one filing or the one responding to this type of claim, legal guidance can be crucial. An attorney familiar with real estate laws and agreements can help you interpret your options and rights and take appropriate action to protect yourself.

Source: Club Industry, “New York Equinox Club Sues Landlord in Noise Level Dispute,” Eric Stromgren, Feb. 16, 2016

Mon Aug 27, 4:02pm

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