My room mate and I have complained SEVERAL times about the people above us and that they have more people living there then is allowed by our city ordinance. They are extremely loud, and we've tried to go up and talk to them but they do not speak English. I’ve had a letter translated to Spanish asking them to be quiet after 10pm on weeknights, no luck. We’ve complained about 5 times to our rental office, and we have kept a record of each complaint.
NOTHING has been done about this noise. Is there a legitimate compensation due to us for lack of action taken?
2006-08-28 03:42:06 · 8 answers · asked by UNeverKnow 1 in Business & Finance ➔ Renting & Real Estate
1.) The police are not there to solve tenant landlord disputes unless they are actually physically fighting. So calling the police on your landlord is silly and waste of tax payer dollars and resources.
2.) However, calling the police for a noise disturbance is completely acceptable and in my county if the police are called out more than once for a noise disturbance in the same 24 hr. period then the offender is fined. You'd have to check w/ your police dept. on rules in your county or city.
3.) Most rental agreements state something like about not interferring with the other tenants use and enjoyment of the property and since that is what they are doing then I would address it that way when discussing it with your rental office.
4.) I have heard of a "Self-eviction" where a tenant can sue for moving costs incurred due to their having to move due to unbearable living conditions. If other tenants are not complaining then I'm not sure how you would prove this and win in court. It might just be less of a fuss to move yourself.
5.) Noise and Quiet are subjective and you are living in an apartment complex with tenants above you. You can't expect them to maintain the same work/rest schedule that you do and you chose a downstairs unit. Rarely will you find a perfect apartment w/ perfect neighbors, because it's hard for us to live so close together. We have to be more civilized to live that way. It is unfortunate for you that your neighbors are not.
My suggestion: Give notice, nicely explain why, when you are looking for a new place consider all worst case scenarios and in the mean time get ear plugs.
2006-08-28 07:12:16 · answer #1 · answered by Not Laughing w/ U 3 · 0⤊ 0⤋
If you've contact your rental office several times, and nothing has been done, the next step is to call the local police when your neighbors start making too much noise. The cops can come to your apartment, and make an official record of the amount of noise involved.
It's good that you've kept a record of each complaint you've filed. That, along with the police report, will force your rental agent/s to take action.
I don't know what sort of compensation, if any, you might be entitled to for this whole affair. But the cops should be able to tell you, or at least point you in the direction of some free, qualified advice.
2006-08-28 10:52:53 · answer #2 · answered by jvsconsulting 4 · 0⤊ 0⤋
In this situation no you are due no compensation. If there are too many people living there get the local authorities involved. Make noise complaints to the local law enforcement over, and over and over again. Usually landlords do not like to get involved in disputes between tenants and this seems to be the case here. If you have tried the local authorities and nothing was done, then I'd suggest moving
2006-08-28 11:43:07 · answer #3 · answered by purpleama456 4 · 0⤊ 0⤋
It is your landlords responsibility to make certain that your right to quiet enjoyment is protected, and it is your responsibility to properly notify your landlord of the condition so that they may remedy it. Phone calls mean squat. You need hard copy proof.
Send your landlord a certified letter detailing the dates, times and nature of and duration of the noise. Request official action and start calling the cops.
Find out if you are allowed to withold rent in your area. If you are, tell your landlord that your rent will be in escrow until the situation is corrected.
If you are not allowed to escrow your rent, call the local housing inspector and file an overcrowding complaint. You landlord will be forced to address the issue.
2006-08-28 12:03:09 · answer #4 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
For the most part your redress is to move. The landlord is breaking the lease by allowing disruptive tenants to interfere with your quiet enjoyment of the premises. Document the whole thing and start looking for a new place. Police reports will help your case.
It's not up to you to ask the noise makers to quiet down, that's up to the landlord.
2006-08-28 11:08:08 · answer #5 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Forget the rental officier, go to your local city hall, mayor's office, or civil court and file a complaint.
2006-08-28 17:40:36 · answer #6 · answered by ? 5 · 0⤊ 0⤋
consult an atty....as a renter you have rights....or at least serve notice to your rental office that you are going to consult legal council
here is a link that may help you....its only $20 and its cheaper than an atty....also you could just type in renters rights for more info...
http://www.nolo.com/product.cfm/ObjectID/CEB142E4-3DBF-4781-87B755F10861950D/104/138/
2006-08-28 10:51:33 · answer #7 · answered by cookiesmom 7 · 0⤊ 0⤋
why do you not call the police on them?
2006-08-28 11:32:22 · answer #8 · answered by Marianne 2 · 0⤊ 0⤋