Tenant-Tenant-and Landlord (LL) problems? any legal advise we have been living here (building) last 4.5yrs?

Question

We were living in one bed room apt, after my daughter was born, our LL asked to move into 2-bed room apt because, we are 4 people now. We agreed and moved into 2-bed room apt (1st floor), two months ago. Since, we moved in, we are having huge problem with other tenant (Mr.X) who is living below (basement) us. He says we are noisy, in particular my kids. We are trying to contorl our 4+ yrs and 10 months old kids but sometime its getting out of our hands. Almost every day Mr.X hitting on the ceiling and walls. My kids getting agitated by him. Also, he stands outside and yelling at us. I called police 3 times, they said, we have to solve this problem with our LL. The LL was trying to move Mr.X to other apt, and he gave him the apt he wanted but he is refusing to move. LL was trying to move us to other apt, located in the 1st floor. We said, No, because 1st floor is not a right place and asked him an apt in the basement. No apt available now. Never had this problem before in last 4.5 yrs.

"We never had this problem in the last 4.5 yrs", i.e., we are not noisy to others and control our kids well. If people were complained about my kids before, LL would have not given us this 2 BR apt.and renewed our lease. However, about Mr. and Mrs. X: Recently, they moved into this apt. They are retired people, never lived in apt. and stay home 24/7/365. Their expctation is that this place should be like a nursing home. Thast is why, LL asked them to move to another apt where they can feel like nursing home: When LL offered them 2-BR apt. in the first floor, they said, No, asked for 1BR. LL offered them 1BR in the first floor, they said No, asked for 1 BR in the basement. LL giving them 1BR in the basement, they say NO, for no reason. Wedidn't move to another apt in the first floor, because, we may have to deal with another sensitive guy (no tolerance) like Mr.X. If we get an apt in the basement, we will move and its solve our problem for ever. Mr.X is harassing us and my kids.

Answer 1

I'm sorry to hear you're having problems like this, however the only way to deal with this problem is through the landlord and your lower neighbor.
I would like to state some laws.
#1, a lower neighbor yelling, can be considered harrassment and most leases has a clause in them that prohibit residents from other residents harrassments. Each person renting has a right to peace and quiet.
#2 your landlord may not force you to move, or "steer" you to a 1st floor apt. That is a huge no no and can be considered discrimination. (familial status)

Or you can wait it out and move to another apartment you approve of. Or wait for your neighbor below to move.

This kind of situation is dicey at best, but trying to work it out is your only option, but know your rights. Sorry if there isn't many options there.

try looking at this site
http://www.hud.gov/renting/tenantrights.cfm

or google fair housing council and your state.

I hope this helps.
Stacey

Answer 2

Your landlord is being more than cooperative here. It seems that they are making efforts to separate the two of you so that the noise is not an issue. You did not show good faith in refusing to move to the first floor apartment.

You are saying only that it is 'not a right place'. Apparently others live on the first floor. Why can't you also ?

Answer 3

What is the legal issue?

You have noisy kids and your neighbor does not like that. I can't believe you called the police, he did not break any laws, unless he was yelling in the middle of the night.

Maybe you should think about buying a house for your kids, then you don't have to worry about them disturbing the neighbors.