If you were to move into a downstairs apartment and your upstairs neighbor consistantly kept you awake...?

Question

midnight and later. What would you do? The rules here are that if we call the police both the party who has complained and the offending party will be evicted. I have a note from my neurologist stating that I need regular sleeping patterns due to migraines and seizures; however the manager discounts my discussions regarding this neighbors exploits. Advice please?

I should tell you that there are no rental controls where I live (Marshfield, MO). This is a small town of about 6000 people. Housing is scarce and I have a lease until next November 1st. I have talked several times to my upstairs neighbor, her response is always the same: I am not fat; so, I am sure whatever we do does not bother you. Her 7yr old jumps off of counters, stands on the balcony until after 11 at times and jumps up and down. Her 19 yr old son lives there - in violation of the lease and comes in any where from midnight until 3 am. If he is quarreling with his mother or girlfriend the loud voices or stomping on the floor can go on for well over an hour. This same manager did evict two other tenents about eight months ago when one called the police on the other. I do not have the financial resources to be on the streets without my deposit back.

Answer 1

Both the neighbor and the landlord are shameful. I've never heard of such a thing.

I assume you've already tried to get the neighbor to listen to reason and respect your right to quiet at night, and that you cannot move right now. I believe that by law you have the right to the "peaceful enjoyment" of your residence. But you will not get it just because you deserve it, not with this scenario.

Is there any kind of housing authority in your city? I really believe you need to get some LEGAL help, because your landlord has made it impossible for you to live peacefully. I feel this is a constructive eviction, but you need to know your rights before you do anything.

The appropriate thing would have been to call the police, but since your landlord has prevented you from doing so, then it's his problem. And he is obviously NOT going to deal with it. I know many cities have departments which help people in difficult situations.

You shouldn't have to put up with this.

Answer 2

If you like your apt, or moving would be too big a pain in the butt, here's my educated suggestion:

If your previous discussions with the manager have been verbal, take the time to write a professional letter; again voicing your complaints, and referencing the past discussions, and the specifics on what the managers' response was. ex: "When we were standing by the pool, I told you---, and you said---" Be as specific as possible.

I'm sure your lease has listed 'quiet hours'. Copy that page to attach to your letter. Ask that the manager enforce the rules.

Mail this letter to the manager, the property management company AND the corporation that owns the apts.

A fourth copy of the letter goes to your towns rental board. The rental board will have lots of info and even be able to tell you if other complaints about this complex or owners have gone thru their office.

The local TV station may also have an advocate for problems such as this.

Good Luck!

Answer 3

First of all, you should try asking them to be quiet at night when you see them during the day time (if you see them). That way it wont be too much of an uproar if they are inconsiderate about the problem, but if they continue the noise...The police can't say who called them. So call them up! Your landlord would have to be a complete idiot for evicting you. What grounds could they evict you on? Does your city or town have a "quiet time"? I believe our town's is from 11pm-6am. Any excessive noise in between those hours is illegal. Plus, make sure you are being reasonable. If the tenant upstairs works nights and is just getting up and walking around, you'd have to deal. However, it is another story if they are blasting music, vaccumming, etc.

Answer 4

I would first talk to the neighbor, during the day not when the noise is happenning. If that did not work I would write a letter to my neighbor, explaining my situation and asking for their support, also stating that I will take further action if necessary. I would send the letter certified mail so they would have to sign showing they recieved it. I would note when I spoke to them, and keep a copy of the letter.

If these measures didn't work, I would involve the police.

Answer 5

Can you rent your flat to someone else? Choose a cheeky person and tell him the truth. Ask for less money than you paid for the deposit. That way you'll have part of your money back, and you'll be able to move somewhere else (perhaps you can say he is your relative, step brother, etc...) while this person solves the rpoblem for you... If he/she is a friend you'll know how to solve the same problem next time. :)

Are you part of any association? As them for help. Or look for other unhappy lodgers in the same building perhaps together you can fight it better.

Answer 6

Most attorneys give free consultations-you could talk with one and find out if you have any rights under the law. I'm guessing that your best bet is to move somewhere with better management,though

Answer 7

It sounds like you'd be better suited to living in a house. Apartment life is not for everyone.

Answer 8

WOW!!! Why would you get into trouble for calling the police department, that just doesn't make any sense.

Answer 9

Get your deposit and move out.

Answer 10

blare charlie daniels band all night long!!!