lynch the landlord?

My landlord started painting the kitchen in the apartment upstairs at midnight last night and finished at 3:30 AM. He was here last night too but finished much earlier.
When I went up at 1:45 to ask when he'd be done and to tell him his bumping and thumping around was keeping me up he whined "But your bedroom isn't under the kitchen!"

"It's intermittent noise...at 3:00 AM. That's the worst kind because everything else is quiet and that intermittent thudding and banging and scraping is so intrusive" my fella noted. Indeed.

Landlord will be back tonight. He told me this last night in his, what? excuse? Argument? He always debates. I'm not looking for tail between the legs obsequiousness. Just not a debate about how he didn't think he was making that much noise or where my bedroom is or that he "just opened a restaurant" The restaurant is relevant, he believes, because he's "been working 18 hour days. I don't want to be here at 2:00 AM either, but I have to. It's just economics."

Ok, so here's a guy who can barely manage this building - and he opens a restaurant. The upstairs apartment has stood empty for months - he's been losing rent for MONTHS while there are plenty of folks who'd have painted it for a song, during the day, months ago. And this is the way of doing things that makes the most sense. This let it stand empty for months then paint it at 2 AM shit.