Noisy Neighbors

casper9901August 28, 2006

Ok, please tell me if I'm approaching this correctly.

I have new neighbors that moved upstairs on August 11th. They are EXTREMELY loud with stomping, banging and booming from about 10 pm to 5 am. I've documented everything this past week and presented the documentation (9 pages in all) to my manager here at my apartment complex this morning. Along with the documentation, I noted that I would appreciate if they could please subdue the noises coming from the apartment above during this time and I would give them 14 days to do so.

I did speak with my manager and wrote to her on Monday the 14th because the noises I had to endure kept me from sleeping. I get up everyday at 5:30 and can't be missing out on sleep. When I contacted management regarding the problem again on Monday the 21st, she told me the people upstairs claim "We pay rent too, so we should be able to make noise as we want.". She sided with them and I couldn't believe it.

I've documented everything and now I'm giving her 14 days to resolve the situation or I will take this to court and complete an escrow on rent. Truthfully, I just want to get out of this place if I can. I've been here a year and a half and since March I've been a target of harrassment. $1500 of damage was done to my car by the young boy next door who has disabled parents. My boyfriend's license plates were recently stolen, and my service dog has been harrassed by some of the kids in the neighborhood to a point where she barks at anyone walking by now (they used to knock and run - my dad caught them one time and they quit after that). I was also recently diagnosed with anxiety due to lack of sleep. This apartment is literally UNLIVEABLE!

Do you think the judge will rule in my favor if I have the appropriate documentation and he'll allow me to break my lease? I'd be willing to make negotionations with the complex here, but they want an unreasonable amount of money that I can't put up right now.

I did not speak directly with the people upstairs because I'm deaf and I've seen what they look like (big and tough). So, I involved management from the beginning since they accused me of leaving hate mail for the previous tenants. What really happened was I left a NICE note explaining to keep it down up there, please. Management blew the whole thing out of proportion and backed off when I presented them with the original.

Any suggestions as to where I can go with this?

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A Judge would say if you are deaf then how can you hear They are EXTREMELY loud with stomping, banging and booming from about 10 pm to 5 am. And this is the second upstairs tenant you have complained about with a he said she said possible hate mail involved?

Deal with it until your lease is up.

If your service dog is acting up get on her with the lesson you learned at school or take her back to school.

    Bookmark   August 28, 2006 at 4:25PM
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I'm confused.... Your Deaf and you are complaining about noise?

I grew up near a deaf school and have some very good friends who are deaf. I understand that you are able to still hear certain noises. BUT if their stomping is so loud that you feel the vibrations other tenants also should be complaining.

You can try the escrow but unfortunatly it sounds as if the LL would win. Its also not the LL fault your car was vandalized, plates were stollen, or kids have messed with your dog.

Just a suggestion. When writting managment I wold restrain from saying you have X amount of days or else. Whenever a tenant tells me I have to do something I am put off. I do things by the book with them with no favors.

    Bookmark   August 29, 2006 at 1:41AM
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I am appalled by the lack of compassion and empathy by the posters who responded to the original poster. Other tenants may have complained, nlifer (and don't get me started about your attitude; your experience in the business and the tone of your posts shows how cold and unfeeling one can become when one gets involved in many types of capitalistic enterprises, and when one chooses to bypass a university education; I have read all your posts), now do you know that it is not the case? In specific response to your And just because one lives in an apartment, one does not have a right to make disturbing noises, which are NOT NORMAL LIVING NOISES, like the poster alleges. The poster may not be completely deaf; there are varying degress of deafness. And yes, it is landlord's responsibility to take care of property, and that means being aware of what and who is doing around it that may be harmful.

    Bookmark   August 29, 2006 at 1:27PM
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Oh this is to educator,
Your last post about nfllifer is cracking me up right now, because I thought I was the only one who felt like that.
I totally agree with EVERYTHINHG you said about him.

    Bookmark   August 30, 2006 at 2:35PM
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Yes, Thank you Educator. I also felt the same way and thought it was just me, hilarious! If I have to hear one more time that he owns this and owns that I'm gonna shoot myself in the foot. Who's cares, really? My family has a number of their own homes- so what! How is that going to make my situation better (noise) ( inconsiderate
people)for us so call Renters, I just moved into a new apartment paying $1000.00 dollars a month and I love it! I hope everyone on this site finds some peace.

    Bookmark   August 30, 2006 at 11:24PM
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Tbanks, everyone. I don't post much, because I teach and don't have time, but ... having both owned and rented, I thought it was time to make some type of claim. It may have come off like a personal attack, and for that I apologize, and I was also worried I might get blasted for my anti-capitalistic tendencies. I sold a place because of noise problems. I, like a greedy capitalist, made a bundle, but I have decided to keep it in the bank and possibly invest in he stock market. Perhaps that way my money gains will not result so directly from human misery.

    Bookmark   August 31, 2006 at 2:21PM
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Obviously it was good that you sold your property. If you had tenants living in misery and a noisy building this was not a carreer of investment you should tackle.

Have I mentioned that I currently own apartments! (hows that hole in your foot feeling :)

    Bookmark   August 31, 2006 at 3:47PM
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Get a life nflifer. Does anyone have any real advice for the original poster? Isn't there usually something in a lease about noise levels after a certain time? I know in mine it states things like you can't vaccuum before 9am.

    Bookmark   August 31, 2006 at 4:39PM
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To clarify: I owned a condo, which I sold. I lived there for many, many years without major problems with the other residents. I did not have tenants. I moved because the management company and condo board was not responding to my complaints about noise and unauthorized renters, AND for other, more personal reasons. Irresponsible condo owners were renting to noisy people of a social class I did not care to live around. So, nflifer, you once again show your inability to read what others read and make correct deductions. Lack of a broader education might be the reason.

    Bookmark   August 31, 2006 at 6:22PM
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I'm am very surprised the management is taking the other side. And no they don't have a right to be loud at all hours!! Check your local ordinances and involve police if neccessary. I just read it should be in your lease agreement that you have the right to a peaceful living, so check your lease agreement. The downside here is some of the others have something with you being deaf and previous complaints. If your complaints are legit and being throughout the night, you should atleast beable to get out of the lease. And I agree, ultimatums and deadlines are perceived negatively, so avoid them if at all possible. Keep written records.

    Bookmark   September 6, 2006 at 5:11AM
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If I have to hear one more time that he owns this and owns that I'm gonna shoot myself in the foot. Who's cares, really?

funny--I'd always assumed nfllifer mentioned that because he/she was trying to give us some background about what his/her qualifications are--and the fact the nfllifer owns those properties, or has a friend who went through that experience, etc., gives me a great deal of insight into how to interpret what he/she says.

In fact, it's quite common on forums like this for people to mention those things. I've never felt that nfllifer's mentions of it sounded like bragging so much as "here's where I'm coming from, and why I have that particular perspective."

I'm w/ nfllifer on the idea that you can't blame your landlord bcs someone vandalizes your car, etc. Those can be an indication that you need to move, bcs your apt. is in a crummy area. but people who own houses deal w/ that stuff as well.

And I think the first answer had some points our original poster will need to consider--if this is how it's coming across to us, you can be sure that others actually involved in the situation (landlord, judge, neighbors) may have those same reactions--now you can be prepared for them, and perhaps avoid them.

As to where you can go with this: If you can document the lack of "quiet enjoyment," you may be able to claim your landlord has broken the contract (your lease), and you may be able to get out without penalty. Check to see if there's any sort of state or local agency that assists renters, esp0. with advice; if you're connected to an organization or agency that helps deaf people, they might be able to help you find such assistance. That'll make it easier and less stressful to proceed with the "I gave them a chance, they didn't fix it, they've broken the lease and I want out" argument.

Are you only partially deaf or something, that you can hear noise but still need a service dog? Not my business particulary, but the details you gave did make me wonder.

    Bookmark   September 8, 2006 at 1:21PM
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Thanks Talley!

The only reason I have ever mentioned I own or manage property was to give my back ground and reason of logic. It also seems like many posters are first time users. They obviously haven't read my prior posts when they first registered the date of their post.

Having a large net worth, college degree, or investment property means nothing. Giving your back ground of these and other items gives much insight.

    Bookmark   September 8, 2006 at 2:20PM
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Yeah it is funny Tally. I hope you laugh at this one too! On my FIRST original post when I was under stress/depression from the OVERWHELMING noise I was getting from my previous apartment which I was following the rules from my lease while other were not. One of the first comments that came fromm little reason of LOGIC was that I was uneducated. I guess I should LAUGH at that. He went into this whole Philosophy on how I am perceive, yeah just what I needed at the time- Thank You Jesus! I bet you thought that was so funny Afllifer. Got your kicks to put in your two cents. I guess no one likes to be called stupid, huh inculding yourself.
Keep blowing smoke, also on my original post you stated that you WORKED with deaf people, hmmmmm now the story has change to oh, I know some deaf people; uh come again. Now I have to make an ASSUMPTION that your simply a storyteller. And a bad one at that who needs to be heard.
Tally, he may be your survivor guide but he DEFINITLY not mine thats why they have a Barns and Nobles for. So before you go on bunny hoping to each post I encourage you to get the facts straight. I am addressing my opinions which I am ENTITLE too just like when SO call Donald Trump went as far as to call me uneducated thank you!

    Bookmark   September 9, 2006 at 12:18AM
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Isn't this post setting off anyone else's "troll-sense"?

Poster registered the day before this post and never posted a follow-up. Poster claims to be harrassed by loud noises even though the poster is deaf. Yes, i realize that deaf people sometimes retain some hearing and can feel vibrations, but i have a hard time buying someone who's deaf enough to need a service dog being so vulnerable to noise. Poster claims that the landlord sided with the noise makers, saying that they pay rent and should be allowed to make as much noise as they want?

Yeh, right.

    Bookmark   September 10, 2006 at 10:49AM
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Sorry if I ever made hidden feel like you were uneducated. I did state you were obviously angry when responding and with all the spelling problems were coming across as flustered or uneducated. The uneducated part also had to do with your feelings towards gays. Something about having a brokeback mountain something......

As far as deaf people. The town I lived in had a very large school for deaf. Some students were placed in public schools and this is where I learned sign language and became very good friends with deaf kids. Since many after graduating stayed in the area I have lots of experiences with them. I have worked with deaf people, I have interpeted for deaf people, I have rented to deaf peaople, played sports with the deaf, etc.

Much of my response to your original post was suppose to be in humor. I remember you said God and I said something to the fact you were anti everything other than christian.

Didn't you say that your problem made your mind up to buy a place????? I hope you are still on track to make that goal come through.

And yes I think that the original poster was a troll.

    Bookmark   September 13, 2006 at 12:58AM
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Re the troll stuff: I think a lot of people lurk, gleaning information from these boards over time. When they find themselves in a certain situation and want specific advice, they register then post. At least, that's what I did. Not to say this thread wasn't started by a troll...

    Bookmark   September 13, 2006 at 6:26AM
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