Restaurant we live above has turned into a “club”

I’ve lived in the same apartment for 3.5 years and this August the restaurant we live above extended their hours til 4am on the weekend. At first it seemed they were going for a lounge vibe but now it has turned into a full blown club with dancehall nights, bottle girls, etc.

The music is so loud it prevents the two units above the restaurant from sleeping. I’m pregnant and so this causes extra issues since the sound is impacting sleep and excessive bass is increasing anxiety. We have tried to work with the restaurant but they refuse to address the issue. We’ve collected decibel readings via a phone app that show the readings are far above the city ordinance level. Additionally, we’ve contacted 311 almost every weekend, and reported the issue to the building management company.

The management company, which leases to the units and restaurant, says they can’t do anything because the restaurant isn’t breaking the law, just an ordinance. My understanding of the Warranty of Habitability in our lease is that regardless the management company is responsible for fixing this issue. So while the restaurant isn’t breaking the law they are by not resolving the problem.

Any advice on next steps we can take to hold both parties accountable and get this issue fixed? Or are we SOL and just need to move?

submitted by /u/TelaNite88
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