回复:Can my daughter play piano?

来源: 單身老貓 2006-02-21 08:18:34 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1598 bytes)
給您一個真正的案例
在 Twin Elm Management Corp. v. Banks 的案件中,法官在判決主文中寫到
"
The court is not unmindful of the fact that continuous piano practicing can become nerve racking, particularly to elderly persons and those with a nervous temperament. Apartment-house living in a metropolitan area is attended with certain well-known inconveniences and discomforts. (特別注意這句話) The peace and quiet of a rural estate or the sylvan silence of a mountain lodge cannot be expected in a multiple dwelling.
Mutual forbearance and the golden rule should, but unfortunately in many cases do not, act as the yardstick for the conduct of tenants in apartment houses. Reasonable consideration of the comforts of neighbors should be exercised by the occupants.
In this proceeding, the landlord knew that the tenant would use a piano, in view of the stipulation in the lease.
[1] On this record, I cannot find that the piano-playing was exceptionally loud or noisy or that the piano was used at unreasonable hours. To constitute a nuisance, the use of one's property must be unwarrantable, unreasonable or unlawful to the annoyance, inconvenience, discomfort or damage of another. Mere annoyance in and of itself does not create a nuisance or make the tenancy of the occupant undesirable. Of necessity, the practice work of a talented pianist would require some finger-exercising on the keyboard together with the playing of musical compositions."
BASE ON這個案例,只要您在適當的時間practice piano,您的鄰居無權要求你們不能練習(除非您的社區有特別的規定,那就另當別論)

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Thank you very much. -askhelp123- 给 askhelp123 发送悄悄话 (0 bytes) () 02/21/2006 postreply 10:08:47

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