We are renters. The owner of the building (being 4 apartments) lives upstairs from us. It is the owner, his wife, and 3 children. Ages 10, 5 and 10 mos. It is a 2 bedroom apartment. We have never been late or short on the rent in the 2 years we have lived here. Our lease states: Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold and enjoy the demised premises for the agreed term. EVERY night between 9-11 oclock the 5 year old son, runs in circles, jumps from the couch, screams throws things etc. On an average we call the owner 4/5 times a month and ask that he have his son quit. Do we have any rights as tenants? The son is NOT mentally impaired. Just noisy. We like the apartment just not the constant barrage of noise that it appears we shouldnt be dealing with. Help please.

Should that landlord be on the ground floor? :D

Consider yourself lucky. Around here, the usual complaint is a loud band practice.

One thing you could do is get a sound level meter and find out if the noise exceeds legal levels.

Hell, call the cops for a noise complaint every time it happens. Your landlord will not get fined or anything but I think he will make his son stop if the cops show up enough times.