I'm afraid

vanhDecember 20, 2010

I finally called and confronted my landlord about this noise that has been going on for a month straight. I live in an apartment and my landlord lives on the unit above me. For a month now, I keep on hearing this loud humming noise comming from his unit, today, it got so loud to the point where it started hurting my ears. I called him, and asked what is causing that noise and the landlord act like he doesn't know what I'm talking about. After I kept on telling him how loud the noise was, he decided to come down and check my unit. On his way down, he had this massage machine and told me that this was causing the noise and then he left. While leaving, he didn't look to happy. I'm afraid he's gonna try to evict me now, does he have the rights to evict me?

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Why would he want to evict you? This seems an unreasonable level of fear for asking a neighbor about a noise loud enough to hurt your ears.

Even though he is the landlord, he lives in the building and has a vested interest in keeping good tenants. And that means that if a behavior of his is bothering the other residents, they have every right to ask him to keep the noise down, or limit it to certain hours.

Google your state name plus "landlord tenant laws" to find out what needs to happen with an eviction in your state. Even if the landlord overreacts to your question, if you have a lease, it will take a few months to evict you. And you can use that time to find a quieter apartment with a more reasonable landlord.

But really, unless the landlord has proven to be unreasonable in other things, I think your fear is unfounded.

    Bookmark   December 20, 2010 at 9:50AM
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NO! Of course he can't evict you - there are regulations about why he can, most of them pertaining to your not paying the rent, or totally wrecking the place, or letting your dog poop all over the halls - things I doubt you'd ever do from the sound of it! He's not your 'boss', just the $*)(&U# landlord, and may not even own the place and just collect rent (and fix toilets) for some company. YOU should be complaining about his stupid machine and telling him it's giving you a headache!

    Bookmark   December 20, 2010 at 7:39PM
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Your fear gives him power. It's MUCH more difficult to evict someone than, say, fire them from a job. Is he a landlord-owner, "boss of the building" or superintendent? It's important to understand the enormous differences between those.

Your lease will outline cause for eviction. Most people get annoyed when their recreational activities are interrupted. I can, almost, promise you that isn't a reason listed.

    Bookmark   December 21, 2010 at 9:30AM
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Thanks for the help guys! I was afraid because I have been doing a lot of reading in the past and it stated that a landlord can evict u for no reason. And by me calling him and telling him that the noise of the massage machine was being loud, he might not liked it and just evict me for no reason. 2 days pass, I still heard the machine being turned on but not for long. Now he is constantly making other noises. I hear loud stumps, furniture being moved, and it seems like he got a edge of a broom and just constantly pounding it down on the grown for us to get annoyed on purpose. What do I do now? This man act like he can do anything because he is a landlord. Today, I went out the the garage and saw this huge barrel right next to my car, I parked my car next to his and I don't know what is that barrell is for. My parents and I can't afford to move out.

    Bookmark   December 23, 2010 at 7:48PM
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IS he the actual owner, or just a manager? If he is the owner, you may have to look somewhere else unless you can talk to him, but if he doesn't own the place, you should try to get in touch with the owner (you have a right to know who it is) and talk to them.

    Bookmark   December 25, 2010 at 1:01PM
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I'm not sure if he's the owner or not. I type down the apt addy and it say "taking tool LLC" how can I find out if he is or not? It's really ridiculous, he want to place to be nice and quiet. But everytime he comes back from wherever it is that he come from, i'll hear all kinds of noise above me.

    Bookmark   December 28, 2010 at 3:33PM
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The owner(s) have formed an LLC (Limited Liability Company).
That's not uncommon at all.
Go to your State's web site, somewhere there is likely a registry of LLCs that lists the member's names. (see link below).

I was afraid because I have been doing a lot of reading in the past and it stated that a landlord can evict u for no reason. That is absolutely 100% incorrect. Eviction is a legal process and so handled through the court system (in my state, a judge decides if eviction is warranted or not). A LL has to have good reason and proof in order to evict someone, such as failure to pay rent, trashing the place, etc. Keep dated records of your rent payments (receipt, canceled check). If you are following the terms of your lease you have no reason to be afraid. Get familiar with your lease and your state's landlord tenant laws, too, Those are your guidelines and being familiar with it should ease your mind.

Here is a link that might be useful: How to Locate Members of an LLC

    Bookmark   December 29, 2010 at 7:38AM
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Why don't you ASK him if he's the manager or owner? You are so afraid to even talk to him (and he knows it!!) which is ridiculous. YOU are the CLIENT, he depends on YOU to eat. You have every right to know who the owner is, or at least who it isn't. He has to tell you the truth.

    Bookmark   December 29, 2010 at 6:36PM
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