False Noise Complaints

D

dcriddle2314

Guest
Jurisdiction
Mississippi
My husband and I have been living in this apartment complex for 8 months. The first 4 months were fine, no problems whatsoever. Around April, our downstairs neighbor, who lives below us, has been filing ridiculous noise complaints. She got the law over here at least three times, but when they saw that it was just my husband and I here, they told her to stop calling and we have not seen an officer over here since. She even got an officer over here at 430pm, when I was home alone and my husband was just getting home from drill because he is in them military. Same thing happened, the officer saw him coming up to the apartment and knew we were not doing anything wrong. However, she is still filing noise complaints with the front office and with the security officer that works here as well. I would say she has done this at least 10 times in the past 2 or 3 months. And every single time, its the same thing. We never have a bunch of company over and we never make a lot of noise. The building is old so it creaks and whatnot and we do have cats that like to run around, but we pay extra rent on them, and I refuse to cage them up just to appease her. I am trying to figure out what my husband and I can do to make this stop, because it has gotten to the point where we feel like we can't even live in our apartment anymore. We think about every step we take and every little noise or bump we make, even accidentally. I have severe anxiety issues and this is making them 1000 times worse. I was hoping maybe we could press harassment charges on her, or file a complaint with the RPA. Also, the front office has been documenting every time she has filed a complaint and they let the police know too; at least that is what they have told us. I have not been told what noise our neighbor is hearing, only that she is filing complaints, and we are told to keep it down, even when they knock on our door and see and hear that we are not making any noise. I have become afraid to even walk around my own apartment anymore, especially at night. Another instance she called was last night, while I was home alone, because my husband had drill yet again. I had just gotten done making myself a late snack and was sitting on the couch watching the tv at a quiet volume of 12. Would also like to note that my cats were not making much noise then, and if they were it was only for like 5 minutes. Please just let me know what I can do to make all of this stop. If there is anyway we could break our lease legally to get away from this ridiculous neighbor, or maybe even move to a different apartment in this same complex. My husband and I just want this to stop and to be able to live normally again without thinking about every little noise we make. Thank you!
 
Sorry, but you've got a lunatic for a neighbor and lunatics never change.

Unfortunately, I don't see her lunacy rising to a level that would qualify for a restraining order and RPA is for complaints against landlords and your landlord is not doing anything wrong. In fact, he's as much a victim of this lunatic as you are but he's not going to evict her just for complaining. He's probably keeping records of the complaints to cover his own butt..

I see three options for you, the first two are expensive, the last one is not.

1 - Engage in a private nuisance lawsuit against her. You will have to pay lawyer fees. Nobody does this on a contingency because there is likely very little money in it and your chances of winning are slim. The best you might accomplish is scaring her into stopping the behavior. A scary letter from a lawyer doesn't cost much but if she ignores it, you lose if you don't follow through.

2 - Find another place, pack up and leave. You'll lose your deposit and probably get sued for unpaid rent as your problem with your neighbor is not grounds to break your lease as the landlord is not doing anything wrong to you.

3 - Give written notice that you will be moving at expiration of your lease. Study your lease for the notice requirements. You'll incur moving costs but they won't be more than you would incur if you moved for any other reason.
 
Back
Top