Is it legal for the apartment complex to evict me and my girlfriend for rocking the bedroom?

Question

My neighbor... some older guy and his wife have been complaining and complaining to the management about us for making noise at night and sometimes early in the morning, but we really cant help it! I think they are just jealous because I dont hear anything coming out of their bedroom... Anyway, we they succeeded and we got our eviction letter. Is it legal?

Answer 1

Yep, if you are being a nuisance. You should have moved your activities to the livingroom floor or sofa. Or put you bed on a different wall.

Answer 2

You may have received a Notice to Quit, advising you of the reason for the eviction and giving you a specific date by which you are told to leave. If you don't leave by that date the landlord can then start the court action, with a Summons and Complaint. If you get a Notice to Quit, you should contact an attorney. Among other things, assuming the landlord then moves to a court action the court papers can't be ignored, and an appearance (in court) will have to be made on the date stated.

As for whether it sounds like your landlord has sufficient grounds for eviction...yes, it does. It has nothing to do with having a lease that says, or doesn't say, that you can/t make noise at night. If the noise is unreasonable and is interfering with your neighbor's enjoyment of his/her property/apartment, the claim is that you are creating a nuisance. Whether a tenant has a written lease or not, I don't know of anyplace where nuisance is not grounds for eviction.

In some places, if the grounds for eviction is nuisance and there is a written lease, the landlord might be required to give you written Notice of the complaint against you before proceeding with a Notice to Quit and Summons and Complaint. Whatever paper you got: contact an attorney immediately so you can try to avoid eviction.

Answer 3

It depends. If the noise you were making was unreasobnable, i.e., you could have done something to make it less raucous, then yes, you can be evicted. More likely, the letter says quiet down or else. Otherwise, it is almost certainly a technical defect which can be cured by sending a 'quiet down or else' letter.

My best guess is that someone from building management came to the neighbor's apartment and listened to the noise you are making and made a judgment that your noisemaking is unreasonable.

Answer 4

Yes you can be evicted, not for "rockying the bed", but for the sounds and disturbance.

So yes it's legal to a evict a tenant that disdurb the peace of other tenents. Get a better bed or a condo with more solid walls.

Answer 5

Oh well....You should really read and abide by the terms and conditions of the lease that you sighed. Continued loud, disruptive or obnoxious noise would certainly be grounds for eviction in most circumstances.

Answer 6

Does it say on your housing contract that you are not allowed to make noise at night? If so, you can be evicted. If not, you can't.

Answer 7

Hey, Ron, do the right thing and call a tenant-rights lawyer - he'll get ya fixed up right quick and all it's gonna cost ya is yer money.

Answer 8

with most apt complexs they have a quiet time written in your
lease. better check see what is says,then contact some
legal help,or go talk to them at the office,see if they will
reconsider.

Answer 9

Dude! Pack your bags! Yeah, you gotta go - - they can evict you but can they make it stick? You can fight 'em if you want. If you move buy a swing.

Answer 10

If the girlfriend in question is their dog or a rubber inflatable object
they are doing the right thing