Endless Noise from 2nd Floor Neighbors?

Question

My sister has lived in the same apartment for over 11 years, she has never had trouble with any past upstairs neighbors before, but just recently the most current were evicted due to excessive thumping, yelling, dropping of heavy items, etc. during late night hours. This went on for three months and my sister had enjoyed a couple weeks peace before the landlord moved another guy in. This is now starting over again. When she confronted the landlord about this the 2nd time he got irritated and had the attitude "well they're moving in" (as if she had no choice). She's not a chronic complainer, but works during the afternoon and night and sleeps during the day. This shouldn't matter because she has a right to her own dwelling no matter what time it is. She cherishes her time at home but cannot get any peace due to these constant noise disturbances and the landlord is doing nothing. Any advice would be really appreciated!

Answer 1

Normally a landlord is not responsible for the misdeeds of third parties, but if it was the landlord that placed those third parties in a position to disturb the tenant, then a cause of action for breach of contract arises. A covenant of quiet enjoyment exists in every residential rental agreement, whether it is so stated or not. If there is no covenant of quiet enjoyment, the court will construe the agreement (pretend) that there is one.

A covenant of quiet enjoyment is breached when a landlord obstructs, interferes with, or takes away from the tenant in a substantial degree the beneficial use of the leasehold, Frankel v. Steman (1915), 92 Ohio St. 197, 200. The interference with the tenant's quiet enjoyment must be so substantial as to be tantamount to an eviction, actual or constructive. This means that a few loud noises now and again aren't going to cut the mustard. The noise must be ongoing over a period of time and of such level and duration that no one could be expected to endure it. Where a landlord leased a building to one tenant for exclusive use as a boarding house, then built a two story garage next to the building cutting off light and air thereto, and the operators of the garage left its windows open night and day and the noises, fumes and smells emanating therefrom were of such a character as to cause customers to quit the boarding house and to render it unprofitable, there was a constructive eviction. Blaustein v. Pincus (1913), 47 Mont. 202, 131 P. 1064 as cited by Endress v. Equitable Life Assurance 1987 Ohio App. LEXIS 9433 (October 29, 1987) Cuyahoga App. No. 52958 unreported.

The tenant asserting the noise problem will have the burden of proof if the matter ever goes to court. The tenant would do well to document the goings on as much as possible. That means certified mail letters to the landlord and the keeping of photocopies of those letters. That means summoning the police and obtaining the reports that they make. That means tape recording the noise and noting the time and date by voice on the tape. That means getting other tenants to complain in writing as well and getting copies of such writings. That means keeping a detailed log or diary of times and dates of the occurrences.

Answer 2

Another vote for talking with the people upstairs first. Sometimes if the landlord approaches the people in the upstairs with complaints from the downstairs, the people upstairs will have the attitude of "why did they have to complain to someone else? They couldn't tell us first?" Going through the landlord first and having them talk to the new residents sounds like the better idea but some people will be put off by that and feel a bit of animosity because someone is already saying bad things about them and they just moved in.

If that doesn't help, call the police about it. get more reports then take them to the landlord.

If all else fails, she needs to move or find a new way to deal.

Answer 3

She could go to the property management company to file a formal complaint. Since she has already told the landlord and he is doing nothing to prevent it.

Unfortunately, people are going to be people, and unless the landlord puts his foot down, they will continue to be loud.

Is there a quiet time on the lease agreement that she signed? Tell her that after 10 pm if they are being excessively loud she can contact the police. The more that she complains and calls the tenants will stop, hopefully.

Tell her to contact the Tenants Union in her area to get info of her rights as a tenant.

Answer 4

I had the same problem once too, back when I was living in apartments - once my upstairs neighbors even called the cops on me! God, its good to be a homeowner! I think noise ordinances vary from city to city but you also may be governed by some clause in your lease. It would be a good idea to check with your landlord. You also may want to confront your neighbor directly - see what her schedule is, when she works or will be out, etc. so you can plan your exercise around her! Good luck, I know its a pain - but start saving up and get your own place as soon as possible.

Answer 5

I agree with a previous comment about going up there and talking to them. They may not realize that the sound carries. If that doesn't work, contact the landlord and property manager (if she has one) about the noise, then call the police regarding it. The police may take it more seriously if you've already contacted both the residents of the apartment and the landlord.

Answer 6

Sadly, this may just be bad luck with new neighbors. The folks upstairs may not know that your sister sleeps during the day and just go about their business, being quiet at night- when your sister is not home. It may not hurt to go up, welcome them to the neighborhood, and have a quick chat with them explaining the situation. I always think "firm but friendly" is best. Going through the landlord may not be necessary at this early stage in the game- it's best to build a friendly relationship with the neighbors, that way the understand the situation rather than thinking you are just a complainer.

Good luck!!

Answer 7

I agree that your sister has the right to enjoy her apartment in peace and quiet.

Until the problem is solved properly, she might try earplugs. I get the little foam ones you can find in the drugstore. I shop for the ones with the highest noise suppression level (measured in db) - usually around 32 or 33. If you follow the directions and really get them up into the ear canal, they work quite well, surprisingly well. They have helped me immensely in noisy hotels when traveling.

Answer 8

I would call noise control. Let them know that you have notified your landlord to no avail. See what advice they have for you. Or, I would tell the landlord that I will be calling noise control. He might get nervous about that and talk to the upstairs neighbor. Just a bluff, but it just might work.

Answer 9

Call the police the nonemergency number to report them as "Disturbing The Peace"....

Answer 10

fire the landlord and get a house- that is the best thing to do, why give your money to someone who doesn't care about your peace of mind