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creesemommy

Excessive Apartment Noise, Is there anything I can do?

creesemommy
19 years ago

Hi, I am new here and looking for help. I will try to keep this simple, it has been ongoing for 2 months. First I have a 11 month old baby, that is key in my complaint. Our neighbors started out having a fist fight at the bottom of the stairs, right outside my sons bedroom window. We had lived here a week. We have had ongoing issues with them from stereo, TV, stomping, slamming doors, you name it. Obviously the neighbors are hostile, so we have not approached them. I am home a good part of the day with my son and do not look forward to retribution by gangsta's. We have written 3 letters and verbally complained 6 times to management. Every time we complain, they come up with a new form for us to fill out. It never ends. The last letter we got from the management actually asked us if we would like to have the people evicted or not renewed. I can't believe it! I do not feel it is my place to make that decision and at this point we just want out. Our lease is not up til September and I don't know how much longer I can stand it. My son gets woken up at least 2-3 times a night by these people. We do too, but we are adults and can go back to sleep. My son lacks the verbal skills of an adult, so I can't just tell him to go back to bed. During the day it is just as bad, but I know I can't do anything about that. So what can I do? My lease says we cannot break it under any circumstances, but it also says that I deserve to live comfortably, which I am not. Help~

Stacey

Comments (10)

  • lazy_gardens
    19 years ago
    last modified: 9 years ago

    Whenever they do something that qualifies (like the fist fight), call the cops.

    Whenever they wake you up with a screaming, shouting, doorslamming match, call the cops and report a "domestic disturbance" ... just keep it up until theu have a record the management can't ignore.

  • talley_sue_nyc
    19 years ago
    last modified: 9 years ago

    did you check off "have them evicted"? I would. Well, maybe I'd check "not renewed"--it'd be slower, but it might not cause the level of anger as eviction. And I'd write on a note that if they were not out, I would be. In fact, "quiet enjoyment" is your right, and I'd be telling management that unless they got rid of those people, I'd consider them in breach of lease and I was free to look.

    Management probably needs to be able to document how bad it is.

    And I'm w/ lazygardens. Call on a "domestic disturbance" every single time.

  • mjmercer
    19 years ago
    last modified: 9 years ago

    I agree that it's not the poster's responsibility to choose whether the troublemakers get evicted.

    From her description of events and the personalities involved, I believe the management company would disclose this document to the troublemakers. This obviously would put the poster and her child in danger.

    Honey, I'd just cut to the chase and get the #$!! outta there. Break your lease if you can afford to give up your security deposit. It's obvious that after all this time the management company isn't motivated to do much, if anything. Just GO! And good luck.

  • creesemommy
    Original Author
    19 years ago
    last modified: 9 years ago

    Thanks for the responses. It is getting worse. We have now contacted management about getting out of our lease and they put us through to the home office. We have called 7 times in the past 48 hours with no response. The person we are supposed to speak with is always on the phone or out. We don't know what to do. We would like to move ASAP.

  • susan_f
    19 years ago
    last modified: 9 years ago

    People who duck phone calls like that - very exasperating. Can you go to the home office? If it's close enough, I'd suggest doing that, and be sure to bring your child, spouse too if possible. Tell them you'll wait till you can speak with the person. If the home office isn't in the same vicinity, go to the management office in person, with your child and spouse and ask that they get the person at the home office on the phone for you, and you'll be happy to wait.

  • Lanzz
    19 years ago
    last modified: 9 years ago

    creese - MOVE OUT. Situations like this never get better. Even if it costs a fair amount of money, it is the right course of action.

    Good luck, hope it works out.

  • Pashan
    19 years ago
    last modified: 9 years ago

    Can you afford to have an attorney involved? A letter or fax on his/her letterhead may do the trick. Have the attorney ask for you to get out of your lease or threaten to sue for all back rents due to "lack of quiet enjoyment". Look for another apartment (or a house) NOW!!!

    ~P

  • Burkis
    19 years ago
    last modified: 9 years ago

    Hi!
    I was/am currently in the same situation as you for the past six months (stereo, TV, slamming, screaming, stompping etc) and, thankfully, my noisey neighbours (who also happen to be my only neighbours) will be moving tomorrow!

    I think that you should sugeest that their lease not be renewed but that is only a good idea if their lease is up for renewal very, very soon.

  • ramona_b
    13 years ago
    last modified: 9 years ago

    I'm miserable. I signed a lease this July, and some new neighbors (really not sure how many), moved in above me around the 5th of 7th of September. I sensed something odd about them when about 10 pm on one of those days, I saw a man, and a teenaged boy and girl each carrying a large green garbage bag quickly upstairs.

    Long story short, the man is obviously unemployeed and is there all day. There is a woman who has a routine of someone who works; she has a evening shift. The teenage boy will ring the bell, but isn't always let it in by the man upstairs in the apartment(I guess he waits until the woman/mother arrives?)...I've seen him sit on the front steps and wait. The teenaged girl shows up once in a while, but does not stay. It appears that the woman is the lease holder, with her full name on the mailbox/bell.

    This is a one bedroom apartment bldg. I can hear them constantly walking, bumping and dropping large objects onto the floor above my head..I can even hear the man snoring. When I approached the man (because he's always there), he said he wasn't doing anything... and sneared at me. The next time something felt like it threatened to come through the ceiling, I told the super, who went upstairs and spoke to him. I actually heard him say to the super "I ain't doing nothing, I'm poor", after the super told him that he would have to be quiet if he wanted to stay here (?). The super later told me that there is a slew of pillows on the floor and no furniture. To date, they still have no furniture. They have a radio, and play it loud enough in the day, to be heard in the hallway by other tenants.

    Every apt is occupied in this building. Until they arrived, the only time I have been aware of anyone else in the building is when people are coming or going. I know that because I am underneath them, I hear more than anyone else in the building, and I am not sure if the young lady across from them or the couple above them is dealing with as much...or has even complained.

    I have contacted the super on several occasions when I just could not stand it anymore, and each time he would call them, they would quiet down for a moment.

    One evening they continued the noise, including a hand held vaccum cleaner,that they rub against the floor, until 5 in the morning. I was so upset and groggy, that I contacted the super again, who said they were "crazy" and suggested I contact the landlord. When I did, the management office asked about my previous complaints and they said that they would send them a letter from management and alert the direct person for the building.

    That was last week. I'm not sure if a letter was sent,and they just don't care...or the landlord could care less, and never sent a letter.

    I think I have been reasonable, I now know that the building is not sound, I'm not dinging someone for walking to the bathroom, or having visitors (which is really bad)..I even find myself turning up the television, so I don't have to hear the constant walking...but the attitude and inconsiderate behavior is really wearing on me.

    A house is out of the question and I just signed this lease. Not sure what to do. It's only October.

  • camlan
    13 years ago
    last modified: 9 years ago

    Keep doing what you've been doing. Contact the manager. Contact the landlord. When you do, the noisy neighbors have been contacted and they have quieted down for a short time. It sounds to me as if they are willing to work with you to deal with the problem. You aren't getting the brushoff I've been given, "That's just part of living in an apartment," as a response to music played so loudly at 4 am that it would wake up half the building.

    The management can't evict tenants just on your word one time. They have to have proof that the tenants are causing a problem and, in the case of noise, that it was not a one time deal. It takes time. And in the meantime, the noisy tenant has to be given a chance to improve.

    Keep after the management and owner. It sounds as if they are doing their best. Encourage other tenants to complain as well.

    Once things get to the stage where the owner is sending letters, they probably can't tell you what's going on. But you can let them know that the letter didn't work. In fact, you *have* to let them know that the letter didn't work--because otherwise, they are going to assume that it did. You are the only person who can let the super and the owner and the property managers know that the problem hasn't been solved.

    In your shoes, I'd be calling every single time the noise gets too loud, even if that means calling the super 4 times a night. And I'd follow up the next day with a call to the landlord.

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