Quiet Enjoyment Bad neighbors

The apartment complex where I live seems to be doing anything about loud neighbors. They play there music loud at all times of the day. I've reported this to manager,and the local police. Nothing is being done.
1) My question is what can I do to solve this problem?
2) Can I get out of my lease if problem continues?

If you have a few months in your lease, I would not make a stink about it. For your safety. The obnoxious neighbors may harm you if they know you have been calling. My suggestion would be to ride it out.

If you break the lease, the landlord may try to hold your security, ruin your credit, etc.

Hope that helps.

Central makes a good point if the music isn't really so incredibly loud and you can be out of there shortly. But if this isn't the case, you may be able to money from the rent -- however, you should FIRST make sure to send a certified letter to the landlord or managing agent and have some proof it was done. This may be in breach of your lease, especially if this is within the landlord's/managing agent's control. Beware that you may have problems with the security deposit so you should think about the issue the number of months before you leave that is equal to the security deposit.

The landlord cannot just ruin your credit although there may be issues to think about, e.g. rental history issues. Look at obtaining a new apartment asap and perhaps you might even be able to leave earlier as well.

What you really need to know is that the landlord is responsible for the conduct of these neighbors. If they are excessivley noisy or noisy at innappropriate times, they are violating your rights under the implied covenant of quiet enjoyment, which means that you have generally unrestrained use of your apartment within its intended use. So if you can't sleep at night, the neighbors violate their lease with the landlord and in turn with you.

Often times the landlord will tell you that the noise is your problem out of ignorance or a refusal to get involved. You do have all the remedies available to you to cure a breach of the lease, but I would tread lightly and try nudge the landlord to remedy the situation before you strong arm him into doing something. Keep in mind the noise has to be pretty bad during day light hours to be excessive.

It might help to keep a log of the disturbances and make a polite complaint to the landlord and log it when the noise is at an innapropriate time. It may also help if you can get the landlord or his agent to come out when a major diturbance is going on.

same problem

i have the same problem but i live in a small housing track and the the houses are not all ran through the same company they tell me that they have no control over the neighbors i want to break my lease but am afraid of what thease actions will do to my job and credit

I am afraid you may have a different problem.

I am afraid you may have a different problem. Since we're are talking about separate properties with common landlords, I think your only recourse if the tenant and landlord refuse to cooperate is the same as if the houses were all owner-occupents, call the police and sign a complaint.

In multiple dwelling units, a disorderly tenant violates his lease with the landlord and consequently the landlord violates his lease with the affected tenants, a domino effect. Many landlords refuse to acknowledge their duty because it is hard to control a tenant and the landlord may wind up evicting an otherwise good tenant. So if there are no affected tenants on the same property, there is even less incentive for a landlord to get involved.

Well put SteveG. Sounds like you have experience with these matters...

Neighbor Harrasment the other way

On the other hand from your stories, I'm having the oppisite problem, read letter I wrote to landlord, and tell me what you think I can do.


I would like to submit a formal complaint of harassment that I'm experiencing from a new neighbor that moved in under me recently. I have had several unnecessary encounters with this neighbor complaining of noise coming from my apartment. And there were two instances where this happened when my children were present, once on a birthday, and once on a normal visit. Both of which involved foul language and voice tone that children should not witness.

This neighbor claims to need a zero noise level from dinner time and beyond, for that he needs to go to bed early to wake up for work around 3-4 in the morning. All his claims made of loud noise are not true, except for the afternoon that I had my daughter's birthday party. He complained of loud noise after we sang happy birthday. I also received a visit from the police department today on a complaint "from my neighbor down stairs". I was told that it was a complaint of loud noise. The officers clearly witnessed no such noise. Is a matter of fact, it took me a minute just to get to the door because I was in the shower at the time. At that point we can only guess that he was complaining about me taking a shower.

I have accommodated this neighbor well beyond the means of corporation, to the point where I'm actually tip toeing around the apartment, and afraid to move. The only noise that comes from my apartment is the shower, toilet, and the creaking of the floors. I have lived in apartments for the last 16 years without even one complaint, you can check if you would like. Does this neighbor have a history of logging complaints in the places he use to live at? I'm not sure if any medical problems on the neighbor's behalf are causing these exaturations, but I would strongly ask that you follow up on my complaint. If this harassment doesn't cease, I may be forced to press harassment charges.

History of Encounters

• First was when I was watching TV, my older daughter was on the computer, and my younger one was sleeping. He banged on the floor with something and yelled to be quite, this woke up my daughter. He then came up later and asked that we stop jumping around, I told him no one is jumping, is a matter of fact my daughter was sleeping.
• The second time he came up and stated that we need to stop making noise because he really needs sleep, I was the only one here at the time, and I was on the computer doing work. The TV wasn't even on this time.
• The third time was when I had my daughter's birthday party. He came up to complain right after we sang happy birthday. Even though I found this to be impatient on his behalf, I apologized and sent them outside for awhile. They came in an hour later to open presents, and play a game of cards. He then came up again to complain of loud talking and walking around, and stated that he has already complained about me and the noise, and I better keep it down before he complains again and I get kicked out. (Used foul language here) My company was disgusted and uncomfortable from his actions, to the point that they pleaded to forget the birthday party and go home. This ruined my daughter's birthday party; they told me that he made them nervous from his attitude, and fibrillose complaining.
• The next encounter was late at night around 11:00. There was a couple talking in the building next door. (Voices are easy to hear late at night). He started banging on my ceiling again and yelled that he is trying to sleep, and have to get up in a few hours to work. I yelled back in aggravation (at this point), that it's not me; it's the people in the other building next to you. He was quite for awhile, and then started banging on the wall next door and screaming at them to be quite. This went on for 20 minutes. His yelling actually is what kept me up, not the noise from next door.
• Another recent encounter was again uncalled for. He came up to complain of loud banging. I was on the couch, and my older daughter was in front of me sitting at the computer. I had just finished putting dishes away. I told him that there is no one making abnormal noise in here, and my daughter was here to witness it. I suggested that it's coming from somewhere else. He then insinuated that I was lying, and the next time he will call the cops. He started getting verbal again in front of my daughter, at this point I told him to do what he has to do, and I shut the door to avoid further outbursts in front of my daughter.
• Just today the police department came to my door. They stated that they had just received a complaint of very loud noises in my apartment from a neighbor under me. I was alone in the shower. It even took me a minute to get to the door because I was in the shower. They said that they clearly see no problem, took my name, and left.
• There was other yelling out of his window at other kids playing in the yard in between all of the encounters I had with him.

All of the encounters above were on no particular day of the week, but did range between 5:30pm, and 9:00pm. This has gone on for about 2-3 months.


This neighbor to me clearly shows a history of wanting to complain over the littlest things. I'm having a hard time enjoying my stay here at Royal Crest, and it is very uncomfortable living a normal day to day life here with his harassment. There have been no problems until he moved in.

I have be very patient, but enough is enough.

I would appreciate you immediate attention to this matter

It sounds like a good start, and it is well written and not inflamatory, but I would make several comments:

1. It sounds like this may now be getting out of hand. I might have suggested that you mention this informally to your landlord when this began to escalate.

2. It might have been a good idea to ask or suggest to your landlord to do something specific.

3. It might be helpful if you meet with your offending neighbor and landlord and the the offending neighbor's other neighbors in person to discuss this.

4. Keep in mind that the landlord has some responsibility with regards to any noise that the offending neighbor makes, but if the offending neighbor sends the police to your apaprtment on a false report or comes to your apaprtment to complain in a civil manner, even though the complaints themselves are annoying, or does the same when he encounters you in a common area, the landlord has no responsibility for that. But because it appears that the purpose of the complaints are to annoy, you may have a case for criminal harassment. You may eventually have to to make a criminal complaint, but be certian if the police show up again that you make them understand that the offending neighbor is in fact harassing you through his complaints.

Good luck.

Thanks for the reply. Yes I have spoken with the landlord on this first verbally, and although there reply was concerning, and agreed that its not right for me to live this way, it seem to have been put off with asking me or him to move apartments. Sounds like he wont, so I told them that I'm just going to move out because I'm not happy living here with all this, and the landlord quicky said ok. I figiured that it would be a conflict if I faught to force him to move, so I thought to be the mature one.

Well he called them again last night, no one is making any noise in here, I even had my daughters go to the bathroom before nine so they didnt have to get up again and sent them to bed, he called the police at ten. They stated that he complained of jumoing around, they have been in bed for an hour.

I'm walking around the areas of the floor that I know creak just to try an make him happy, this is an old building and where ever you walk it creaks and cracks. Its not right for me to do that. It was my B-day to, and my kids said, "Dad we wanted to have a little B-Day for you, but we didnt want to disturb they neighbor downstairs" so they wispered a Happy Birthday song to me. No one wants to visit me anymore becuase of his additude.

I dont even have my girlfriend stay over night, would hate to have the cops come to the door in the middle of something if you know what I mean.

Well, thanks for the reply again.

Dave

Another thought. Some communities have a section within the police department to help with civil disputes like yours. You may want to inquire about it.

Originally posted by SteveG
Another thought. Some communities have a section within the police department to help with civil disputes like yours. You may want to inquire about it.

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Excellent tip...

does anyone have any class anymore>?

I have lived in an apartment under a mid 40's year old lady for 8 months.
I have complained to the management with a response of condescending arrogance from her. She has total contempt for me and the neighbor purposefully stomps on my ceiling.
The managers only response is that it might be the wood. no one stands still for a couple of seconds and then slams their foot on the floor. This continues everyday. I told the management that I would call the police. She responded my saying that their is nothing that they can do. Well I got some advice from the police. They said theat they can sight her for a noise violation and possibly harrassment charges as well. The managers was response was to go talk to the lady and don't get an attitude. Man don't people have any civility left?

Similar problem with neighbors

I am also having problems with my neighbors. I recently moved in with my mother & I have never had such horrible neighbors in my life. It has gotten to the point where I ended up filing a report on them at the local police station & I have to go to court soon to get a complaint on them. One problem is ther eis no noise ordinance in our town so it is very hard to win this sort of case but I have had the police come at 1am in the morning & he heard them & mentioned that I can file a complaint on them. Since, I filed the report I have been documenting everything. They should have got a notice in the mail by now saying they are due in court on the charges of "disturbing noises" but they must think it is a joke becuase they still are constantly being loud. Day & night. Some days as early as 5am...and the nights until 1 or 2am. Just tonight I had a run in with my neighbor which was very unpleasant. There was a van blocking our driveway but i had a coffe I wanted to drop inside real quick b/c it had spilled every where in my car. So I made him wait & may have used some profanity but there was no harm to anyone until the driver of the van purposely said "Look miss" & put the van into reverse, pressed the gas & smashed into the garage. Me not thinking just did as they asked, which I completely regret because i shoudl have called the police and/or got the mans license plate # but I was so frustrated I wasn't thinking right. I know what the man & his van look like & have taken pictures of the damage. Now I woudl like to know is there anything else I can do about this situation or any suggestions that can help me win my case on the charges of "disturbing noises," other than documenting & photographing damage done. Now this all happened at 11pm so I can use the van incident as part of "disturbing noises" because some of my fmaily was sleeping & it made a loud crash but like I said is there anything else I can do?? Thanks.

Similar Problem

Also, is there something we can do witht he landlord because he clearly knows that there are problems between the neighbors & us & hasn't done much about it.

I have similar problems except

I live in a house on a street with multiple owners. Some of the houses are lived in by the owners (like me) and some are rentals. My house used to be a rental and sat empty fora year or more before we bought it from the previous owner. There was trash in the yard and graffitti on the house from where previous tenants and residents in the neighborhood took liberties with the house because it was empty.

Before I moved in, the kids next door would routinely play in the back yard and leave their toys all over the drive. Also, someone in the neighborhood parked their car in the driveway. People have been blatantly and flagranlty tresspassing on this property for god knows how long and the previous owner didn't give a damn.

So her I come. and one of the first things I do is I calmly and nicely TELL the children that they can't play in the yard. I also ask the neighbors to keep his kids and their toys out of the yard. He mumbles something about not all the kids being his and whatever. Of course, the kids do NOT stop playing in my yard. I have to repeatedly go out and tell them to leave. Yesterday I lost my cool and ran out of my house and YELLED at the kids. Suddenly, the mother (who looks all of 12) starts getting on MY case for yelling at her kids. I know, it was stupid, but I was sick (with the flu) and tired of dealing with these monsters. It's been a YEAR already. These kids don't just run around in my yard, they have torn up a tree in my front yard, left debris in my drive way and even THROWN things in my yard, near my car. Not only that but the adult neighbors have thrown empty liquor bottles at my house and I routinely find empty beer bottles on my property. Not to mention other garbage that I KNOW doesn't just blow into my yard.

To make matters worse, these neighbors also routinely block my driveway. I have come home at night to find one of them or their friends blocking my drive. OR I look out my window it never fails. I have called the cops and was successful once in getting them ticketed. Usually they move before the cops show up.

And then there's the noise. Middle of the day, these young thugs will park outside the house next door and blast their music with the bass turned up so high it gives me migraines. They will do this for HOURS. And if they are not in front of my house or the house next door, they are a few doors down. Middle of the day, on a week day.

And, in the summer, two or three houses (the people next door included) will have loud parties until 2, 3, 4AM on week nights.

I have called the cops for everything except the children repeatedly trespassing on my property and the thug-a-rific noise in the middle of the day. I'm at my wits end. What can I do? Can I call the cops when the kids keep coming into my yard? Should I contact the landlord (those people are renters). And what about the people that Aren't renters? What are my options? There are only about 4 trouble houses, but those 4 houses make life more difficult for the rest of us. How doyou start the process of getting rid of bad neighbors?

neighbors with no regards

I need to know about noise bylaws regarding neighbors, the hours of the day, what we should not be subjected to. I just joined this forum today so I'm just getting started.

norm33 said:

The apartment complex where I live seems to be doing anything about loud neighbors. They play there music loud at all times of the day. I've reported this to manager,and the local police. Nothing is being done.
1) My question is what can I do to solve this problem?
2) Can I get out of my lease if problem continues?

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I hear you. I'm currently going through something similar. I was misrepresented to by my current landlord. They swore up and down that this place was soundproof and I specifically asked them if I was going to have a problem with noise because of the problem I had in a previous complex where the walls were paper-thin and it felt like I was living with 6 people and not just myself. So, they knew exactly what I was looking for and misrepresented themselves by telling me that the walls and floors were made of solid brick and cement and that I'd have no problem with noise coming from other units. Well, it turns out that the floors and ceilings in this place are very pourus and thin and I can hear everything that goes on underneath me without trying. I know more about the people living there than they know about themselves. I feel very used and frustrated that the landlord intentionally misrepresented themselves just to make a commission on a lease after I specifically asked them about this before I moved in and signed a lease. They just got a new Management company to take over so I am thinking of telling them of this issue and seeing if they will let me out of my lease for misrepresentation. I have already had to call the cops on these people and they've only been here a week (I had the same problem with the previous tenants but they moved out about 2 weeks ago). Supposedly, the new tenants were sent a letter and called about this issue and they still ignored the problem. I could tell by the way they were arguing with the cops that they didn't care about the problem (I could hear them arguing with the cops through the floor without trying). I have found a new place to move to that's not too far from here. But, I can't do anything about it until I get out of this lease. I've only been here 2 months and do not want to put up with this for another 10 months until my lease is expired in December. Do I have any legal recourse to get out of this lease considering all the circumstances I have mentioned???? And, shouldn't they have to pay for my move because of misrepresentation and failure to fullfill their obligation to the rental contract concerning my right to quiet and enjoyment of my unit??? Any advice would be greatly appreciated. Thanks!

KISSALIVE!'75

Neighbors harassing my kids

Hi. We have problems with the neighbors two houses up from us. Their kids are all little, around 10, 7 (boys) and 6 (girl) in age. Where we live we have is no yard, but the lady next door(on the other side) allows the kids to all play in her yard, which is nice. The neighbor kids have a yard, but play in that one as well. The boys like to hit my girls (11 and 12) with their plastic swords, throw rocks at them and the garage door, they have scratched our van by riding their bikes in our parking lot. (No proof, but we know it had to be them) The 10 year old boy once tried to poke my 11 year old daughter in the butt with a stick and tried once to pull down her pants. Our kids have told their parents about their behavior many many times, and my husband has spoken to their dad as well. Being sick of it, we told our girls that if they keep hitting them and doing stuff to them to fight back. So, yesterday, that's what they did. This morning, when my 12 year old daughter left to walk to the bus stop,(she's the only one who still goes to school, my other two are in cyber school) their mother, followed her up to the bus stop, yelling at her that they shouldn't be doing anything to her kids, and that her dad was a LOSER, and a bunch of other stuff. I didn't find out until she came home today from school. Here's the kicker, they own their house, and we are the renters. We rent from my husband's parents. They own this building and the one in between us and the bad neighbors. I don't like to have trouble with the neighbors, but they refused to keep their kids from hitting my kids, and I felt that, since they were girls, they should fight back if it kept happening. As soon as they did, their mother goes bananas on a little girl. I don't think that she should be allowed to harass a little girl like that, she's an adult and should know better. She never bothered to come over here to talk to me about it. I feel like my girls can't even go outside anymore. They also like to tease my girls that they are "rich" and we are "poor". So what if that's true, what does that matter? It sure doesn't mean that they can treat my kids like crap because they think they are superior. I don't know if I can do anything about this legally or not. I just want them to stop their kids from hurting my kids, and the parents not to yell at my kids. If theire's a problem they should talk to us, like we did to them. Anyway, just needed to vent, thanks for listening.
Crystal

nightmare neighbours

zither said:

I have called the cops for everything except the children repeatedly trespassing on my property and the thug-a-rific noise in the middle of the day. I'm at my wits end. What can I do? Can I call the cops when the kids keep coming into my yard? Should I contact the landlord (those people are renters). How doyou start the process of getting rid of bad neighbors?

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My neighbourhood endured "special" renters in 2004. City refused to enforce ordinances (curfew, noise, yard up-keep, No. of persons occupying rental, cars parked in front yard, unlicensed dogs, barking dogs etc.)

Had a party when that group skipped town owing 3 months rent/utilities!

Today - same single family home has 4 non-related adults, 9 wild kids (under 13) & 2 BIG dogs. Noise, litter, mounds of dog s^%$, drunken brawls @ all hours, kids run the streets when not relaxing in yard of choice.

In a perfect world, slumlord and City Manager would have to live either side of this nightmare. Any reality based advice greatly appreciated & good luck to all!

Estelle