What Is Classified Normal Apartment Noise

frustrated_dragonMay 10, 2006

What is claissified normal apratment noise for a family building. I thought I knew but know I don't know.

I have a lease in a 1950's family building (I've been told by the rental office it is a family building). Well the problem is any noise even droping something on the floor, my two year old playing in his room quietly, my partner and I talking in normal voices, the sew machine, vacuum, or a slight bang, the neibours below come up yelling saying they are going to call the police and rental office. The rental office has given us a warrning that the next complaint that comes in we will be evicited. I have talked to all the other neibours in the building and they classify the noise we make normal apartment nosie and got them to sign a letter to the rental office stating it is normal arpartment noise. It is bad situation here and I have been getting the run around from the police and rental office and just looking for some why to deal with this till our lease expires. We have to be quieter than a mouse and that is impossible with a active two year old. i have made proctions to sound proof like a floor rug onto the the carpet inplace, thick fabric clothes under a table on carpet for the sewing machine and restrain my son from playing inside and that has not solved the problem and we are told it is us being unrespectful. We have told the rental office that this couple below us are very loud we her thier music from 7am-11pm clearly threw the floor (words and all) thet are constantly fight every night loudly and alow they three year old to run up and down the aprtament halls banging on other tenants doors and then say even after bing cought it was my child. i'm just realy frustrtated here and looking for help for i can not seem to find a soloutin any where besides move out when the lease expires in two months (if we make it)

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Hope you find a great new place. Honestly I wouldn't be to worried about an eviction. Give them your notice now and you should be fine. Why would they spend money to get you out when you are leaving in two months.

Noise complaints are really hard for landlords to deal with. You might be the noisy neighbor or the other guy might be a complainer. Before I give written notices I like to observe it myself.

    Bookmark   May 10, 2006 at 11:03PM
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I just went through this EXACT same scenario. Except my building wasn't a 1950's structure, it was at one time an extended stay type of hotel, with very poor insulation.

I lived on the second floor above my neighbor for a year, and after my filing one complaint on her for blasting her stereo at concert decible at 11:00pm (outside quiet enjoyment hours), I asked her to please turn this down, and when she refused, she went on a tirade of filing one report on me and my toddler after the other. Calling security on me, and writing embellished and out right lies to the owners until we were finally given a 30 day notice to vacate. Mind you, we lived there a number of years.

You do have options, if you choose to look into them. I contacted an attorney over my situation, who told me I had a case against the owners. I was blatantly harassed by the manager, and downstairs tenant. In my state, it is illegal to discriminate against children and children's noises that are not left unabated.

I decided to move out of our situation, because I was no longer happy with the treatment we received from the manager and owners. I could have stayed and fought the 30 day vacate, took a risk of having an unlawful detainer on my credit record, but didn't.

We are still undecided as to whether or not we want to sue the owners. They own many properties out here.

It's discriminatory to kick a family out for their child's "resonable" noises, which by law out in CA include, playing, running, screaming, laughing, and jumping. Those things are permitted and considered normal so long as it does not go unabated (non-stop) and outside of the quiet enjoyment hours. You can check into it for whatever laws your state has regarding this.

The thing is with my case, the manager investigated us, but when talking to our neighbors all around us, she got nothing but good feedback on us. We too, had our neighbors sign statements that we were not comitting unreasonable noise. But it still didn't do any good. The owners vacated us anyway, and told us it was due to "noise". "Noise in general". They can't say, "It'd because of your child" because it's against the law. ( at least here it is )

Many owners do not think their tenants understand or know tenancy laws, so they get away with alot of things.

First off, you live in what your owner calls a "Family Building". I don't understand how they can single your child out in comparison to other children around you regarding noise.

Believe me, my heart goes out to you on this. I remember all of those days feeling scared and desperate, trying to keep my toddler from running and playing. It's impossible!! No one can keep a toddler from doing normal toddler things. It's important as part of their development anyway.

If you do decide to just move away, it is my advice to you to take a ground floor unit. This way you do not have to worry over every little run, jump, or toy drop. Believe me you would more than likely find relief in doing so.

Good luck to you. I hope you find a resolution.

    Bookmark   May 11, 2006 at 6:47AM
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We had the police last night night come over becuase my son was crying most of the night. he is tarrified of thunder still. the police were called. when th police came they heard my son crying and even came in to help me calm him down and relized it was not going to happen durring the tunderstorm and heard the neibours banding and comeing up and yelling ar us every 15 min to tell us to shut uo are kid. fianl something was done. the tenants below was given a huge fine for diserbing the peace and was told a child cying was normal apartment noise considering the cericatances at the time. Thr police and i had a meeting with the rental office who also ricived a big fine for not dealing with the issue of them comeing out once day and reporting it as noraml apartment noise for a family building and the people below are being a unfair to us and if it contuies the fine will just keep getting larger. the police appolgized for not beliving us in the first place and gave us a nuber to a officer how will come over right away if it continues to happen. thank you for you guys help it did help me calm down a bit and think clearly about the situation. the rental office did recive or notice for not continuing are lease becuase of the stuff going on for the last 4 months after living here for 7 years without a problem. my uncle heard what was going on and ofered us his acrigde to rent which we gracefully acapted.

    Bookmark   May 12, 2006 at 12:25PM
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AWSOME This is perhaps the best post I have ever seen here! I am so excited for you!
#1 you have some proof in the form of police that the tenants and manager were out of line and wrong
#2 they both got fines! Hahaha that is GREAT
#3 You will be moving into a better place!

This is really great! Now that your problems should be taken care of still stop on by! Good luck with your move!

    Bookmark   May 12, 2006 at 2:48PM
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I love a happy ending! :)

    Bookmark   May 13, 2006 at 10:45AM
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Hi everyone,
I have been reading everyone's posts on here seeing if anyone has had the same problem as me, but none have come close and I am looking for advise now. I live on the top floor. I am extremely considerate of the girl living below me. My apartment is all hardwood floors and it is a very old building. The floors move and creak all the time. Because of this I never,ever even wear my shoes in my place. I go to bed everynight between 9 and 10 pm. I am only awake and in my apartment for about 3 hours everyday. The rest of the time I am at work, then the gym, and then come home for dinner and go to bed. I live by myself and have even bought carpets to put all over the floors to try to help with the noise of walking around.
My issues come into play at around 3-4 am every night. The girl that lives below me must be up late, and also knows that I have been asleep for some time now. She thinks it is funny to throw a basketball into the ceiling at these very late hours. It scares me and wakes me up. It is done intentionally everynight around the same time. She will do it once, wait a few minutes, do it again. Sometimes she does it only a few times, sometimes it has lasted for about 15 min. To me this is unacceptable. I have contacted the management company and they said that they have talked to her, but it still continues. I am at a loss of words now. I email/call the management company the next day everytime it happens. Does anyone have any advice on what to do?

I really do make every effort to not make noise.

I have wanted to start calling the police, but as everyone says, it doesnt really seem to do a whole lot. If I try to talk to the girl below me, she does not answer the door. And hte management company seems to just not really care. Is there anything I can do?

Thanks for anyones advice or suggestions.

    Bookmark   January 19, 2009 at 2:34PM
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I personally think this sounds like harassment and worthy of legal action.
I would file a complaint with the office..in writing and call the police..having a record.I would call the police every time she does this.If it doesn't stop w/in a week of police calls..or the landlord doesn't do something after all of that.If you can afford it..call a lawyer.Otherwise...if you don't mind moving and can afford it...just do that and save yourself all the drama.
Good Luck!

    Bookmark   January 26, 2009 at 8:51PM
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