Bad Neighbors?

Question

Three months ago we moved into the bottom of a rental house. We were told a mother and her two young daughters lived upstairs. Turns out she has a boyfriend and a 13 year old son also, and assorted friends and family that live with her sometimes (2 bdrm apt) and a dog. We expected the noise that would occur with having upstairs neighbors. What we didn't expect was the music blaring from midnight to 4 a.m. , the cops are always coming to thier apt. (we don't call them) the 13 year old was arrested last week. Yesterday we had a plumbing problem and called the landlord and he told us that they are complaining about us. So we told him what was going on with them. He told us to "duke" it out with them. Last night the noise was worse than ever and today we have vast amounts of cigarette smoke coming through our heating vents (we have a seperate heating system from them) I have the feeling they are trying to get us to move. Should we insist the landlord do something or just move?

Unfortunetly, we did check it out before we moved in. We meet the lady and her two daughters. She had the boyfriend arrested three weeks ago for beating her up and he isn't even supposed to be here. The landlord doesn't seem to care who lives there. We have the feeling she has someone she wants to move into our apartment.

Answer 1

Sorry that you are stuck in such a horrible situation. I would think that it is the landlord's responsibility to do something about it, but would you rather deal with his lack of responsibility, and your awful upstairs neighbors, or would you rather move? That's what I would base my decision on.

Answer 2

Your landlord should be doing something about the people upstairs. But since he doesn't seem to care there isn't much you can do unless you want to handle it yourself. You might save yourself a big headache by moving, but if you like the place and the area you should certainly consider staying.
When your neighbors are blaring their music and what not, call the cops. You should also talk to other neighbors in the area who are complaining about them and give them your landlord's information. Maybe the landlord will change his mind if he starts getting calls from local neighbors and/or the police.

Answer 3

Don't pay the landlord until he remedies the situation. You took the apartment with the assumption that there was only a mother and two young daughters.

You can claim In addition, a provision of a state law called the "Warranty of Habitability," tenants are entitled to an apartment fit for human habitation without any conditions endangering or detrimental to their life, health, or safety. While there are no specific regulations concerning when noise can be made, leases sometimes contain clauses concerning this.

Answer 4

Too bad you didn't check it out first. If you fight with them, you will not only be very un-happy, but you could be in danger. Move as fast as you can. Don't make yourselves endure these loosers. Sounds like the Landlord don't care. Could be he is related to them. If they hurt you in anyway, the Landlord willl be held reliable. He knows the upstairs tennat, so he should be held responsible. Move out and make the Landlord pay you damages, and also moving expenses for not preparing you or making the upstairs people settle down.

Answer 5

sue them, try to document some evidense about any thing of what you just say