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Please help. kids stomp jump above

Posted by cshak (My Page) on
Sun, Feb 28, 10 at 14:09

It is with great pain, I am writing in need of help and suggestions from you all.
I love kids and I have two of my own below age 7, and I never had a complaint from my neighbors below, but I have to complain about my neighbors above who moved four months ago. They have kids above age 5 and they jump hard from their bunk beds, run heavily, play inside their unit, yell a lot, slams the doors hard, etc etc. The most bothering issue is the way they jump run stomp and play. We thought of not contacting them in person as we felt them to be not approachable. We passed several verbal complaints to our apartment management but that never helped although they have heard the noise by themselves, and added to this the management also have some rent issues with them. We have been the best tenants for our management for the past three years and our concerns started since these new tenants moved above. Adding to our troubles our lease agreement is there until next 10 months.
Please help me with your suggestions for what can be done, I greatly appreciate if you could tell me about 1. The ways i can avoid this unreasonable noise. 2. What additional help can I seek from the landlords or even police if needed. 3. What can i do with my just extended lease and how can i get that cancelled considering all the odds.
Guys please help.
Many thanks in advance,
CSHak.


Follow-Up Postings:

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RE: Please help. kids stomp jump above

If management has heard the noise by themselves and there are rent issues, upstairs tenants probably won't be there when your ten months is up.

(I'm curious about a couple things, tho; how you became aware they had rent issues and how you know the kids are specifically jumping off bunk beds?)

For more impact you could bump it up a level, stop filing verbal complaints and start putting your complaints to management in writing, dated, and keep a copy for yourself. Read your lease, if there is specific language in it about your right to quiet enjoyment of the premises, quote that clause in your complaint. If you feel like communicating at all with the upstairs tenants, I'd suggest doing that in writing as well so you have a record.

No doubt it's very unpleasant but it really doesn't sound like the type of noise being created that would warrant a police call (versus a blaring staring in the middle of night, etc.)

I suppose if one were to take this scenario to the worst it could possibly go, you might break your lease. That would leave you in a position of losing your security deposit and being responsible for rents due under your contract until the unit could be re-rented. If Mgmt took you to court for monies owed them in that scenario, you might well be asked in court why you went ahead with renewing your lease when the noise issue was already present. It's a question you should be prepared to have an answer for.


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RE: Please help. kids stomp jump above

Thanks Moonshadow, its nice to see someone understanding the concerns. We called our Management at times when there was high noise. It is our Management who told us about the bunk beds and their own rent issues. We did had these noise complaints before signing the lease and our Management said they will help us with our concerns. Surprisingly after signing the extension they are expressing less attention on our concerns. As you have guessed, I wish our tenants above would move before our 10 month period, but I am more worried if the tenants above extend their lease further.
I would now try to put everything in writing as suggested and would wait and see how things change.
Thanks for your advice.
CSHak


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RE: Please help. kids stomp jump above

I'm surprised Mgmt is discussing another tenant's issues. (Kind of makes you wonder what all they're discussing among tenants, I'd wonder what they were telling someone else about me!)

So they promised to help, which prompted you to renew, and now they're dropping the ball. If it were me, I'd file my next complaint in writing and reference that. As in "per our conversation when our renewal time was approaching a couple months ago, you had indicated that you would assist us with our concerns about the extreme noise coming from upstairs. We just wanted to advise you that after we renewed our lease on [insert date here] the noise issue from upstairs still continues to be a persistent problem..."

Something along those lines. If you put it in wording something like that, you're showing (in a businesslike, non accusatory manner) that a)this was discussed prior to your renewing and b)nothing has changed since. Just a way to cover yourself. And by wording it "we just wanted to advise you" or "we just wanted to inform you", it doesn't come across like you're accusing them of dropping the ball. It comes across more like you're giving them a heads up. But in reality it's pretty clear what they did. So at least you can get the part documented about why you went ahead and renewed, and it's done without hostility. Hope that makes sense.

Keep us posted?


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RE: Please help. kids stomp jump above

I hate my upstairs neighbor and her family (4 kids, all under the age of 5, with massive ADD, I'm guessing). Her kids are always jumping off of the furniture to the point that I can hear their own furniture rattling and then there is at least 1 or maybe 2 that are always crying. They never leave. Even on nice days, it would be nice of her to take her kids outside to run off some of their energy, but she never does. She stalked me while I was taking my dog for a walk asking me why I called the cops on her, to which I replied that I didn't (and I never did, yet) and told her that if I had a problem with her that I would take it to her directly. I have done that now twice. Once at 12:30 am because of her kids jumping around. She was fine and that was that. The next time I banged on her door because it was after 2am and I had to work that day. Her 5-year old was jumping up and off of her bed which is over my bed. I'm on various medications to help me sleep and it takes a bomb to wake me up or in this case her 5-year old boy. She came down that day at 6:30 pm to tell me that she was trying to take a nap and my dog was barking and she couldn't sleep. Of course I knew she was doing this to provoke a fight. I never backed down. I talked to management in the morning and they talked to her. She went back to the management office and started screaming at the manager. (shows the manager what I am dealing with) My dog never barks at people, other animals or even when someone knocks on the door. He only barks when he plays, which is 10 minutes maximum. My dog was also very abused when I got him, I've worked with him for almost 3 years and he is so much better until they moved in. Now he won't eat because he is so scared because of the noise level and he'll sit in a corner shaking because the noise level is too excessive. I have a digital recorder and I am trying to find the right place to put it to get the most out of it. I have tried my Camcorder, but that doesn't hardly pick up the noise from upstairs. I am going to try the bottle of water while recording it with my camcorger along with the digital recorder. I am not home that long and don't think it is that bad to have some peace and quiet. I do not expect for her to have her children sitting the entire evening every night, but I do expect for her to act like an adult and realize that YOUR children are jumping on and off of the furniture, don't you realize that it is loud in your apartment, how loud do you think it is in mine?
I expect some COMMON CONSIDERATION.
I expect that management needs to get off of their butts and do something about this. At least come into my apartment after 6 pm and hear it for yourself and make up your own conclusions. I have enough health problems, I don't need any more. I have looked into other apartment's, but they are all about $100.00 more a month extra then what I am paying now. I cannot afford to move and get something higher somewhere else and probably have the same problem.
I'm looking into our building and zoning department and I guess I'll have to find whatever device that measures sound and record that with my camcorder as well. In the end, will it ever accomplish anything? Probably not, that is the sad fact. I would love to get up on the roof and jump around to she maybe she might have an understanding of what I am going through. No one should ever have to live like this, EVER!


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RE: Please help. kids stomp jump above

Okay, after reading so many complaints, I felt that I needed to add some information. We all have wall-to-wall carpeting with padding.
I came up with an idea. We have geese in our area and most mornings they fly and land on the roof of some of the buildings. I'm thinking of buying some cracked corn and throwing a little bit on the roof at night or early in the morning to entice them so they land on our roof. The honking will wake them all up and drive them all crazy. Once in a while I come up with a way to get back at them.


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RE: Please help. kids stomp jump above

Haha,roamer367,if you did that it would be great revenge!!

Talking to neighbors for me has never really worked.In fact,once it got me in trouble.I left a note on my neighbor's door asking her to please keep her daughter from screaming in my windows and SHE complained that I left confronting letters on her door!! (It was NOT confronting at all)
I got a letter from management with the words "First and Final warning".Ten years of never having had a complaint,and always paying rent on time, and that's how we got treated.

Our problem was severely ongoing, so we just opted to move.
We weren't gonna continue to pay an apartment complex that treated us like that over nothing.

Anyways~~it's really a shame when a neighbor KNOWS they are doing the wrong thing and want to have a war with you just as a Pi**ing contest!
Stand your ground roamer and let us know if you decide to use the geese.


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RE: Please help. Kids stomp jump above

forwhenitrains,
I haven't done anything, but instead I had contacted the City's Building and Zoning Department in attempts to find out the decibel levels would be in the excessive range. I was going to buy a sound level meter to prove it to management.
Little did I know, by doing this, I had opened a can of worms.
By contacting Building and Zoning, they contacted the Management ASAP and also to find out what they are going to do to fix the problem.
I got home Friday evening after my contacting B & Z dept. and only the husband was home. The wife and kids were gone. It was a very peaceful evenging. Most of the weekend they spend either being very quite or they were not home at all. (I'm guessing they weren't home). On Friday night, I was waking my dog and I ran across a lady who works in the office and also lives on the property. I had no idea that B & Z had contacted the Mgmt Office at this point and this lady and I were discussing this any my current relapse (medical problems) and basically told her how bad it has been. She had told me about another apartment on the complex. That makes at least 3 times that they have asked me if I would like to move to another apartment. My answer to that is always, "Why do I have to move?"
My new answer to them is going to be, "Fine move me into a 2 bedroom on the first floor, for the same rent for the rest of this lease and next year's lease, plus I get a moving company to move me and you pay for it." Enough screwing me around!
Most of the other one-bedroom units are smaller than the one that I have now. Why would I move into something smaller? Not going to happen.
By the way, the geese are getting closer everyday. I'm still trying to figure out how to get it up that high.
I'm also guessing that I now have a little bit of leverage and won't need to go that route.
I always keep my digital recorder near the door, just waiting for her to blow her top at me again, only this time it will all be recorded. Any threats, I'm calling the police.
I'm done playing!


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RE: Please help. kids stomp jump above

Well I am very shocked at what I am reading..because for just as many noisy neighbors in the world are neighbors that complain about everything and have caused anyone who has ever lived near them to move. My neighbors complain about me cleaning my carpets in the middle of the afternoon on a weekend, and if I am comforting my toddler and quieting him outside at 4pm my kids are in the bed at 8pm every night and wake at 7am every morning........i get complaints just walking up my own stairs in the middle of the day......I have been threatened and had to call the police and was even told by my complex that my neighbor below me is a serial complainer......so what happens when u r trying not to make noise but noisy happens you cannot expect people to exist and not make a sound r u serious....if you would like it pin drop quiet at times that are convenient for you well that's when you buy or rent a single family home...right? I don't think anyone should be making loud noises at crazy times of the night but cleaning carpets in the afternoon on a weekend...really i mean really


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RE: Please help. kids stomp jump above

To apriljs30:

I understand that people and children will make noise, but what I live under is beyond excessive. I have used my digital recorder to prove that it is bad. I don't think anyone could keep their sanity. What you are doing is being a responsible parent. You are courteous since your children are put to bed on time and you don't have any late night parties and you are even doing your housework during the day.
The people that live above me, never let their children out to play even when all of the other children are out playing. I believe that is cruel to have 4 small children prisoned in a 2-bedroom apartment. You always hear banging and a child is always crying. Without seeing anything, you cannot call DCFS on them. These children are running around and jumping on an off the furniture, to the point that I can hear all of their furniture rattling. (I have it on my recorder, numerous times) This doesn't just happen during the day, but all through the night as well. I had to go up there once at 12:30 am and again at 2am and the oldest child (about 4-5) was wide-eyed standing right next to the mother. I have numerous medications for me to be able to go to sleep and once I am asleep, it takes a bomb to go off for me to wake up or, like the 2am incident, her 4-5 son jumping on and off of her bed directly over my head. Once I am awake that is it for me, it doesn't matter what medicines are in my system and I have to work. She is on Section 8. (Sorry, I'm not trying to say that all section 8 people are like this)
I have lost all of my patience and they are suppose to be moving into another apartment, at least that is what management told me. After this weekend, if they are not gone, then Building and Zoning will not only get another email from me, but also copies of my recordings.
I'm done playing games with the ignorant family, the nonexistent management and going straight to the top. If they do not fix this, then Building and Zoning can fine the owners and then management has to explain why their complex isn't running as well as they thought.
What you are doing is fine. Document everything just to cover your butt. Maybe they'll do what they want me to do is to move into another apartment. As for me, I was there long before she was. Why do I have to move when I've had no complaint against myself, my unit or my dog. No police has ever been called on me. She's had a few run-ins with the police in the 5 months that she has lived here.
The witch has go!


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RE: Please help. kids stomp jump above

roamer367, Building and Zoning does not handle noise issues. They do however handle the number of people allowed to live in an apartment. Because you called them, they are probably looking at the entire building/complex and adding up what the city can make on fines.

You should look for a new place to live because your landlord does not have to renew your lease and probably wont renew.


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RE: Please help. kids stomp jump above

This is the way it is. When I moved I first asked the people above me if they had children. They had 1 newborn. That alone was a big concern to me. I took the place anyways. Now, they have THREE! And yes, ALL are ALWAYS stomping or spilling what sounds like marbles or whatever on the floor... and CRYING!!!

I literally have tried counting to 10 without a sound being heard and never have succeeded. The mother is always home so all the kids are always home. It sucks.
But, it's also my fault for staying right?


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RE: Please help. kids stomp jump above

Okay,so I happen to be on the other end of this issue. Yes,I am a mother of 2nd floor stompers. Why I have come HERE for advice is beyond me but since you guys live it and hate it,perhaps you all can make sugguestions to me! I hate being "those people" or "those neighbors" and I just don't know what to do about it. My stompers are 2 year old twin boys and a 6 year old daughter who knows better but sometimes forgets. We moved here from a house last August and its been a battle. The twins stomp when they walk,they flop down on the floor,they run,they jump. And don't think its without being chastised because I spend a majority of my time going nuts with the " stop (insert offense here)" and im not the neighbor that gets bent out if shape when downstairs neighbor complains. We,the adults walk on egg shells to compensate. I've tried time out,taking toys and privaleges away! No t.v. no dessert. We go to the park to rub around and nothing. They are in daycare from 8-5:30 Monday thru Friday and ill even take them to run after school if it means peace. I've even had my daughter appologize immedietly after her incident and now she writes sentences. What do you want YOUR neighbors to do? Yea stop the noise,but if your like me,,what do you do? Moving is out of the question. We are required to have "3" rooms and unfortunetly 3 bedrooms are all upstairs! What can I do? I don't want to end up on a forum like this!


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