The people above us are harassing us....HELP!

angry_tenantJanuary 8, 2006

My pregnant Wife and I moved into this beautiful apartment building about 9 months ago. We thought we had found the perfect apartment because the building was located right near the beach, it was spacious and it was much cheaper than the other places we had looked at. But we soon discovered why the people that lived here before us had moved out! The building is 3 stories tall and we're on the middle floor; we have people that live directly above us.

They are a man, his Wife and their 6 year old daughter. The man goes to work everyday at 5 AM and he feels the need to stomp his feet and slam his dresser drawers, the shower door and the closet door. We don't have to get up for work until 8 AM so being woken-up everyday at 5 AM is a problem for us. They also make a lot of noise right above our bedroom every weekend around 7 AM and we like to sleep in on the weekends.

After about a month of living here, we decided to go upstairs and have a chat with them about the noise. They were extremely polite and apologized for everything. We also figured that the problem may be due to their weighttheyÂre both overweight people so we figured that could be part of the problem. They even admitted that the noise we hear on the weekends is probably their daughter...they said they allow her to jump-rope while wearing her roller-skates...can you believe that?

So we thought that we had finally had put an end to this mess and we didn't hear a peep out of them for about a week. Then, about a week laterÂthe noise started again and this time it seemed to have gotten worse! The windows all over the apartment were shaking when they walked around, the ceiling was crumbling and leaving powder on our couch and bed and it was making a lot of noise. We dealt with it the best we could for as long as we could...but we finally snapped.

My Wife was pregnant and still working at the time and she desperately needed her sleep; I was furious that she was losing sleep because of these jerks! So once again, we wrote them a polite letter and taped it to their front door; asking them to please cut down on the noise. We made it very clear that all we're asking from them is to walk softly and quit slamming all their drawers and closets. We reminded them that they live in an apartment and not a house and they need to be courteous.

We gave it another week and there was no change in the noise level, so we got our building Manager involved. She went up there to warn them and the man was drunk (according to her) and he got verbally abusive and he was threatening her. She was so scared that she ran downstairs to her apartment and called me to inform me of what happened. I told her to call the man who owns the building but she said she was afraid to get him involved because he'd get mad!

SheÂs an old lady; very odd and sheÂs a total pushover. We finally realized that she was going to be no help so we figured there was nothing that we could do. So fast forward to a few months Wife finally gave birth to our Daughter and things hadn't changed with the people upstairs. As a matter of had gotten much worse! We couldn't get any help from the building Manager, the Owner of the building refused to get involved even though we wrote him a letter begging for his help and the people upstairs were making it very clear that they didn't care.

So we wrote them one last letter and taped it to their front door once more; asking them to cut it out...this time we were a bit more blunt. They responded by leaving a note taped to our door the next morning threatening to "beat our ass if we ever harassed their family again." I took it to the building Manager and had her make a copy of it and send it along to the Owner of the building. He once again chose to do nothing; saying that "we had to work this out on our own...this is apartment living and we need to get used to the noise."

So here we are today...nothing has been resolved and after 9 months of living like this...we've finally snapped and we've been pushed over the edge! We have a baby and we don't even make half as much noise as them, we're very polite and peaceful people and we hate confrontations. We really don't know where else to turn or what to do. We've thought about fighting fire with fire and acting immature like them...but we're not petty like that. We're losing sleep, our Daughter gets woken-up by them every morning and they're really stressing us out. Normally, when we hear noise outside...we just roll over and go back to sleep. But this is really bad and the amount of noise they make is ridiculous!

At this point we're almost positive that they're doing it just to piss us off. Sometimes it sounds like they're dropping bowling balls on the floor right above our's so unbelievably loud! Can anyone please help us and offer up some advice? I'm worried that this is going to get ugly real fast if I don't come up with a solution. Because I'm about ready to march upstairs with a baseball bat and handle this like a thug...and that's not my style...but I've really been pushed over the edge by these jerks! What can we do? Anything? We canÂt get out of our lease and we canÂt really afford to move again anyway. We just had a baby and money is tight...HELP US...PLEASE!

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Call the cops: EVERY TIME there is excessive noise, and show them the threatening letter. And contact the owner DIRECTLY and let him know that he has "recieved notice" that he is renting to persons who threatened you, and that it is his LEGAL duty to maintain a safe and habitable dwelling for you.

Also ... MOVE as soon as possible. You can probably get out of your lease - check the California laws. If they say "quiet enjoyment", you can document the problem, notify the landlord and them just move out. Having the police reports and the replies from the owner will help.

    Bookmark   January 8, 2006 at 2:06PM
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You probably already HAVE documented the problem, w/ that letter. Call whatever state or local authority it is that governs tenant laws, and ask how to document the violations. (plaster dust from a vibrating ceiling can't be legal, for one thing)



It's the fastest way.

It'll be frustrating, bcs you'll never get that "I showed them" feeling. You'll never get them to apologize, or change their ways. But YOUR life will be better faster.

    Bookmark   January 9, 2006 at 2:37PM
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The problem we have is that the building Manager won't get us in contact directly with the Owner of the building! She tells us that he doesn't want his personal information (his phone number) given out. From what I've been told, this information is public records and I have the legal right to get it...I just don't know how to go about doing that! The way things have worked thus far is we have to ask her to contact him and relay this information to him. We've NEVER been given the opportunity to speak with him ourselves! I beg and plead with her to get us in touch with him but her response every time is: "He doesn't think it's that big of a deal. What good will he do if he gets involved? He's on vacation right now anyway! You guys need to work this out on your own." I've told her to pass our phone number along to him so that he can call us if he doesn't want to give out his phone number...but she claims that she has and he refuses to get involved. I'm telling you guys...we really feel trapped here...we don't know what to do!

    Bookmark   January 9, 2006 at 6:32PM
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Check the property tax assessors office to see who is listed as the owner. Send a registered, return receipt requested letter to him, or the company listed as the owner.

ESPECIALLY mention the plaster dust crumbling from the ceiling, and the possible structural damage the thundering herd may be doing. Ask who his insurance company and law firm is, because if the plaster falls and injures you or your infant daughter, you will need to know who to bill and who to have your legal representative contact about damages (your legal representative may very well be you, but the phrase will give him heartburn).

And the manager is LEGALLY required to pass your concerns along to the owner ... that's part of her job.

If you want to play REALLY nasty, get a copy of the housing inspection regs for rental housing and see how many violations you can report the owner for. Then DO IT and sit back and watch him spend a lot of money.

    Bookmark   January 9, 2006 at 6:42PM
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You guys have given us some good information and we intend on doing some of the things you've advised us to do. But in the meantime...I took it upon myself to get some revenge tonight...and let me tell you, it was fun! While I was scooping the cat litter tonight, I decided not to take it out to the dumpster. Instead...I walked upstairs and dumped it all over their doormat; right infront of their front door, HA HA HA! I know this is really petty and childish...but it felt pretty damn good. The best part is that they're gonna know who did it...but they won't be able to prove anything, HA HA HA! It felt really good to piss them off for once; perhaps I'll keep doing little annoying things like this until they get so pissed off they give up or move? Vandalism and petty crimes isn't our thing...but I gotta admit...I really enjoyed doing this; it was awfully exciting! I'm already thinking about what I can do next...anyone got any ideas?

    Bookmark   January 10, 2006 at 1:51AM
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I'm curious to see how they retaliate. You may have stepped on a hornet's nest.

    Bookmark   January 10, 2006 at 7:59AM
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We got a call from the building manager this morning saying that the people upstairs found cat poop on their doormat and they suspect that it was us! She asked me if I did it and I said no...end of phone call...that was way too easy!

    Bookmark   January 10, 2006 at 12:37PM
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well, yeah it was childish, but Im sure it was fun. You can also do the broom on the ceiling when you think they are sleeping.
Crazy glue in the locks is always good too. But they can do it back also.
But the best thing is like the other peeps said, document everything, call housing inspector to see about violations, with plaster falling, and also check for lead paint. Make sure you have child guards on the windows too.

    Bookmark   January 10, 2006 at 12:39PM
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Hmmmm, crazy glue in the locks eh? Sounds fun; perhaps I'll try that tomorrow while they're at work? I'll be home all day too, how convenient, muahahaha!

    Bookmark   January 10, 2006 at 8:52PM
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We've started looking for a new apartment...we're pretty sure that once we find one that's available and to our liking we can force the Owner of the place we currently live in to let us out of our lease a couple months early! If not...we're going to make his life a living hell and wreak a lot of havoc, muahahaha! I'm already planning tons of things I can do to get sweet revenge on the a-holes that live upstairs. And if we do eventually move...on the last day we live we're about to leave for good...I'm going to do something HUGE to them, LOL!

    Bookmark   January 10, 2006 at 11:03PM
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OK ... angry_tenant is sounding more and more like someone who has probably annoyed the upstairs tenants with previous childish antics and is reaping the rewards of that behavior.

Cat poo on the door step? GROW UP!

    Bookmark   January 11, 2006 at 7:51AM
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Oh piss-off; you assclown!

    Bookmark   January 11, 2006 at 1:09PM
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Sounds to me like angry tenant is the problem-maker as well. Dumping cat litter on the doormat? How childish.

I'd rather live with someone slamming drawers than someone intentionally behaving like a five-year old.

The original poster has lost all credibility. No wonder the owner doesn't care to talk to them.

    Bookmark   January 12, 2006 at 12:59AM
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Wow... hope you don't believe in karma.

    Bookmark   January 17, 2006 at 10:24PM
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Doesn't matter if he believes in karma or not. Karma believes in him, lol.

    Bookmark   January 18, 2006 at 7:48AM
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LOL... well said, Judi!

    Bookmark   January 18, 2006 at 11:15PM
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This is just terrible. Cat Poo.... Look for some major problems now. Hope your car is in a locked garage and I wouldn't leave your daughter home alone with your wife. If I was the owner I now would hold you responsible for this problem.

    Bookmark   January 20, 2006 at 11:44AM
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I am someone who just moved out of a condo next to an insane maniac for a neigbor. As someone with experience with scum for neighbors, I would like to give you this advise:

1. obtain a video camera (you can get a used one from a thrift shop for cheap)and videotape what goes on if possible.

Hire an atorney to write a letter to your landlord telling him that he should have discosed to you that he was rening out an apartment that has sleep/noise problems to that extent, and that he has no right to hold you to that lease/contract. THe landlord legally needs to allow you to leave and refund your security deposit, since you are unable to sleep in your own home.

documewnt the noise with a hight quality tape recorder and high quality microphone if possible.

move out as soon as possible.

Obviously these people are early birds. Early birds go to bed early usually. If you want try to make noise at night and wake their asses up (I never did this myself because noise wasnt the main problem with my jerk neighbor. Perhasp, make noise every night that they made noise in the morning. the day that they behave themselves, dont make noise that night. Perhaps tehy will be bright enough to catch on

    Bookmark   January 21, 2006 at 10:54PM
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