They can’t resolve the noise from above tenant due to building structure. Can I break the lease?

Asked in Mount Kisco, NY on December 16, 2025 Last answered on January 22, 2026

5 months into a year lease. They worked on the floor above, but noise got worse. Can hear a pin drop.

1 answer

Warren S. Dank
Answered by:

Warren S. Dank

Syosset, NY
Warren S. Dank, Esq., P.C. 516-364-2469
Free Consultation
Answer

You cannot break the lease unless the noise is severely interfering with your enjoyment of your property.  The burden will be upon you to proof the noise conditions rise to the level necessary to establish that the noise is not extremely disruptive.

January 22, 2026

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