My room mate, her three year old daughter and I have recieved an eviction notice today because of excessive nosie violations. The only one in the apartment making any noise is my roommates three year old daughter and this is just basic running around and playing noises. The floors are really thin to the point that even when I walk around the floor sqeaks and shakes the floor. The manager knew that my roommate had a baby with her, however when ever she runs around playing in doors or outside the manager comes and gives us another noise notice. The baby cant play inside or out side with out being complaned about and when I asked my roommate if this was right she showed me the lease which prohibited kids from playing outside or making load noises. I thought that was illegal for apartment managers to put in a lease and now with this eviction notice due to nosie I was wondering if there was anything I could do. Any one know anything about this kind of matter?
2006-11-18 09:59:05 · 7 answers · asked by lost 2 in Politics & Government ➔ Law & Ethics
This might qualify as age discrimination.
Check the website below-- it may be that the lease is not enforcable due to these laws
What if this were someone in a wheelchair, or learning to use a prosthesis...?
http://www.hud.gov/offices/fheo/FHLaws/
Good luck
2006-11-18 10:10:46 · answer #1 · answered by Ms. Switch 5 · 0⤊ 0⤋
You and your roommate may be able to remedy the problem by installing THICK padding and THICK carpeting NOT rugs! Ask the landlord if that will solve the problem. There are some states with a standard apartment lease, and other states where the landlord create their own apartment lease. The tenant reads and signs a lease and at the time of signing, should ask for clarification on anything in the lease that he/she may be concerned about.
"Running" and "playing noise" is VERY annoying to those living under it. As I type this, the CHILD above me, has been running around for the past 3 hours.
As for being evicted, it depends on the laws in the city where you live. Read the lease again.
2006-11-18 10:14:08 · answer #2 · answered by newyorkgal71 7 · 0⤊ 0⤋
I don't think so. What are the State law for eviction in your state? The Landlord cannot prohibit kids.
Get a lawyer. If you have no money go to Legal Aid Society.
2006-11-18 10:01:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
One seldom hears of a baby being large enough that it can run around in a noisy and uncontrollable fashion. It is quite proper in these case to put hobbles on such a creature, and perhaps a muzzle as well.
2006-11-18 10:07:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Excessive noise is grounds for breaking of the lease it dos"t matter who makes the noise.
2006-11-18 10:05:49 · answer #5 · answered by Floyd B 5 · 0⤊ 0⤋
This sounds like discrimination against families to me. That is a federal law. Call the city and get some help. As soon as possible, you need some legal help.
2006-11-18 10:07:32 · answer #6 · answered by chante 6 · 0⤊ 0⤋
Sure you can. If there is no soundproofing the people below you probably get annoyed and complain.
2006-11-18 10:52:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋