Legal question regarding tenant next door in Apt complex...?

Question

OK, I snore - badly!! Well, my neighbor just had her boyfriend move in and he is a WALL BANGER. Not knocking, but to the point of moving the pictures on the walls. I have called the Apt complex and they did nothing. I have even gone to the extent of sleeping downstairs to help them -- we have paper thin walls -- I can hear everything, conversations, etc (if you get my drift). Every weekend I have 3 of my grandkids stay with me (4yr - 6yr). Now, for my specific questions... I am planning to get earplugs for MYSELF so that his constant banging does not bother me --- they are too dumb & lazy to do anything for themselves! I don't believe they can call the police on me for noise, but if this continues while the kids are there and it scares them, can I press chgs against them? I am up for any and all legal recourses -- I am fearful of retaliation, think this guy is a few cans short of a 6-pk. I don't want the kids or my dog hurt! Surgery for me is not an option right now.

Thank you guys soooo much for the CONstructive answers. I am inbetween two other apts, so I cannot 'turn on a sander" (wish I could though) - good idea. For those that say "It is my fault" -- a 'fault' is when you deliberatly do something, when it is a medical problem it is not a 'fault'.

I do not party nor have the TV up loud - ever. My friends/family are always asking me to turn the TV up because they can't hear. So to Lou -- stop "Doing what you are doing!" --- are you an idiot?

Answer 1

Call the police EVERY TIME they are noisey from now on. There is usually a time that is set where the cops will come out to warn them or more, so if they do this AFTER 10:00 pm & BEFORE daylight [sunrise], that is when you call. NOT during the daytime when more noise is allowed.
Tell the police you DO NOT want them to know WHO ratted on them, because you are fearful of retaliation due to what you have heard through the walls honey. Tell them you snore and that you cannot stop that, since it is a natural occurance. That this and whatever else is making them bang on your walls making your pictures fall and waking you up at all hours of the night. Tell them the walls are paper thin, and that you are not the landlord and can't fix that either.

The police can eventually place them in lockup, if they do not listen to the cops. If they return after being locked up and begin their antics again? They will go to jail again, and eventually be forced to move by the landlord, because the landlord does not want cops there all the time. That makes the complex look bad, and deturs others from renting.

REMEMBER: Landlords want their rent money, it is their livlihood in most cases, so understand that your landlord may just need the money, and was not trying to be rude in not approaching them. AND ... maybe the landlord is scared of them too!

Also in Closing:
Know that YOU are NOT to press charges, or you will have to go to court & they WILL know who told on them. So simply do as I said, and call the police telling them "You DO NOT want them to know WHO ratted on them, because you are fearful of retaliation due to what you have heard through the walls. Tell them you snore and that you cannot stop that, since it is a natural occurance. That this and whatever else is making them bang on your walls making your pictures fall and waking you up at all hours of the night. Tell them the walls are paper thin, and that you are not the landlord and can't fix that either".

Answer 2

You definitely should pursue a medical resolution to your
heavy snoring, regardless of your apartment situation.
Snoring probably indicates decreased air flow which may
lead to poor oxygen saturation which ... kills brain cells.

That being said, most leases have a clause about
"reasonable use" which may say something about noise
level. Most do NOT specify either a maximum volume or
what type of noises you may make, only stating that you
shouldn't "disturb" the neighbors or some such. In short,
the law is probably going to be ambiguous, at best. I am
having a hard time imagining a judge deciding that snoring
is an unreasonable noise.

Banging on the walls, however, would be considered
disturbing the neighbors. That is, his technique for
complaining DEFINITELY violates the lease.

I highly doubt that you can charge them in any legal sense
but you might be able to get them evicted or fined by the
landlords.

I don't know if this is legally relevent, but it may be morally
so... Who was there first? If he moved in after you, you can
argue that from his point of view, the noise is a predominant
condition, similar to that of a train on a nearby track.

That is, if he doesn't like the apartment, he should find
some place else.

If, on the other hand, you moved in and changed his
surroundings by introducing noise where there was none
before, you can see him getting together with the landlord
to say that over-all, you are disturbing to other neighbors.

I just can't see the latter happening - and certainly if it did,
I would expect the landlord to refund you and let you out of
the lease.

Answer 3

prove to them it could be much much worse. borrow an electric sander and use it as a vibrator without the sandpaper. place it againstthe wall where the sucker sleeps around midnight and vibrate the hell for about a minute or two at a time. take down the pictures etc. cause he will poundand pound. he cannot tell what the hell kind of noise that is. he can complain and will never be able to make any sense to anybody. if anybody asks say you hear it too. whaat it is. it cannot be identified. be ready to hide it fast. different time every night for awhile then no for long. do it until they aren't commplaining about snoring. something bigger to worry aout. in other words be creative with sometthing nobody can prove since management won't help. p.s. you may havge sleep apnea and really should see a respitory specfialist to get a cpap machine to prevent a heart attack. that kind of snoring is a sign.

Answer 4

You can tape the fighting if you can hear it from your apartment. You are not spying because there chaos and drama is invading your personal space. It might not be evidence in a court of law, but it doesn't seem that is your focus. You appear to want to show they are disturbing the peace and taping them clearly would prove that to your landlord and the police. So tape on. It might be this very thing to offer them a wake up call because if their fighting ventures into your space then they need help. So let your motive be concern for their well being, and not being a busy body and everything will work out.

Answer 5

Possibly hang a rug or sound/proof design wall type hanging. May be an expense.
Also, they sell little room quieter's, that are suppose to muffle conversations, from room to room... may work. (usually find in a doctors office or waiting room.) Possibly you can bill to landlord.
If legal recourse becomes an issue or complaints to the landlord are made against you... and you choose to fight it. Ck if building is built to fire code.

Paper thin walls for a multi apt complex does not sound if built to code.

Answer 6

The second thing because you already did the first like tell the managment...Go or when they are walking by say to them the problem that is bottering you and you can't get slepp etc, nicely if they get agresive walk away...Next time they make that kind of noise after 10 pm so call the police...And take from there...They won't like it but they didn't give you any choice...Call the police just after 10 pm...If is after 11 or 12 I will recommend the late the best because is more diturbing the peace after 10 pm Ok...Good luck!!!

Answer 7

You could call the police and have him cited for disturbing the peace. It is possible that he could then turn around and make the same complaint against you. Really all it takes is a victim willing to assist in prosecution to make the ticket happen.

Have you consulted with your apartment management about moving to another unit? Maybe you could move in next to someone who works nights and they might know of a resident or two that do. That way you're not breaking your lease and you won't have to worry about retaliation.

Answer 8

you can't help that you snore, however, he can help that he bangs on the walls!

contact the apt complex and see if they can provide any solutions. state your concerns about your grandkids and that this guy intimidates you a bit and you wish it was something you could control, but you can't.

hopefully, they will help come up with a solution. do they even know he moved in?? sometimes, when another party moves in the complex needs to charge more rent and that may put a stop to it.

take care.

Answer 9

You cant just stop doing what your doing while you sleep. Its almost impossible. Yea there is surgery but why spend that much if you cant even hear it yourself :)
You need to go to the police station and file a complaint tell them to come over one night so they can hear what they are doing. The police might even advise you to leave but Im sure that not as easy as it seems. File a complaint and see what happens. If they get crazy then just get out of there. Dont wait for the cops because if you wait around someone will get hurt. I would just start looking for another place.

Answer 10

Keep calling your Complex, if they do nothing call the Police. Keep a list of times and contact information of who you talked too. You do not have to be a prisoner in your own home. You pay rent just like the next guy. If they threaten you get a restraining order. Good luck!