How do I go about filing a civil suit against a noisy, disrespectful neighbor?

[RyanM556]

Jurisdiction

Pennsylvania

Hi everyone. I have reached the breaking point when it comes to a consistently loud, obnoxious upstairs neighbor. After six months of this issue, I finally think I need to escalate things and pursue some kind of legal action.

For a quick rundown: I live in an apartment. My upstairs neighbor talks very loudly on the phone, yells occasionally on the phone, and (while on the phone) will bang his hand and/or fist on things whenever he is emotional, excited, etc. This happens almost every day. Some days it happens over the span of literal hours. It will be "quiet" for a few minutes, then two minutes of noise, quiet for five minutes, then more banging. It's consistently inconsistent noise that also violates our lease.

I left a note (which I screenshotted for my own documentation) on his door 2 months ago. That same evening, and since then, the noise has continued. I dare to say ... it's gotten worse. My landlord told me over the phone 2 months ago that he forwarded the noise complaint to my neighbor, and it was only quiet for that next week. Since, it's back to loud.

I am starting to think it's borderline harassment, but that's hard to prove. Last thing, I have dozens of recordings of these noises from before I left a note as well as dozens of recordings after. It's so many recordings that I've lost track.

I need a resolution for this. Any advice on next steps for filing a suit? I have never done anything like this before and it stresses me out greatly. thanks.

 

[justblue]

Hi everyone. I have reached the breaking point when it comes to a consistently loud, obnoxious upstairs neighbor. After six months of this issue, I finally think I need to escalate things and pursue some kind of legal action.

For a quick rundown: I live in an apartment. My upstairs neighbor talks very loudly on the phone, yells occasionally on the phone, and (while on the phone) will bang his hand and/or fist on things whenever he is emotional, excited, etc. This happens almost every day. Some days it happens over the span of literal hours. It will be "quiet" for a few minutes, then two minutes of noise, quiet for five minutes, then more banging. It's consistently inconsistent noise that also violates our lease.

I left a note (which I screenshotted for my own documentation) on his door 2 months ago. That same evening, and since then, the noise has continued. I dare to say ... it's gotten worse. My landlord told me over the phone 2 months ago that he forwarded the noise complaint to my neighbor, and it was only quiet for that next week. Since, it's back to loud.

I am starting to think it's borderline harassment, but that's hard to prove. Last thing, I have dozens of recordings of these noises from before I left a note as well as dozens of recordings after. It's so many recordings that I've lost track.

I need a resolution for this. Any advice on next steps for filing a suit? I have never done anything like this before and it stresses me out greatly. thanks.

Does this happen between the hours of 11 pm and 6 am?

 

[army judge]

Any advice on next steps for filing a suit?

I suggest you make an appointment with your landlord, or the person who manages the apartment complex.

When you visit, take your PROOF and share it with the landlord or manager, as you reveal and discuss your concerns.

Remember, remain calm, be brief, and seek the person's assistance in resolving the issue.

Taking this to court would not be as helpful (if helpful at all), as working with management to amicably resolve the matter.

Be prepared to be told, "Go away, don't bother me with this nonsense."

If that attitude is shown, it might be time for you to begin searching for another living situation.

Landlords owe you, as a tenant, a duty (covenant) of quiet enjoyment.

When you rent an apartment, house, or mobile home, the law says you are "buying," among other things, the right not to be bothered or disturbed by other people, including your landlord. The law calls this the implied covenant (promise) of quiet enjoyment. Implied means it is part of your lease even if it you don't actually find it in writing. The covenant of quiet enjoyment also applies to oral leases (leases not in writing).

If you have a written lease, read it carefully, because it may require you to give up all or part of the covenant of quiet enjoyment. Typical examples of lease clauses which limit the quiet enjoyment covenant include: prohibiting you from having a pet, making excessive noise or having more than a certain number of people living with you.

The covenant of quiet enjoyment does not mean that you can keep the landlord from coming into your home for any reason. The landlord can enter your home at reasonable times to make repairs, examine the premises for upkeep, investigate damage or show it to prospective tenants or purchasers. The landlord should, as a courtesy, contact you before coming to your home to make sure it is convenient for you. Of course, if there is an emergency, the landlord can enter your home without your knowledge or permission. An emergency is something such as a burst pipe that, if not fixed right away, could cause the building to be damaged.

Typically, this happens when a neighboring tenant does something such as frequently play their stereo too loud. If you are faced with this type of situation, you should tell the landlord about the problem orally and in writing (keep a copy of the letter you send ) and ask that he or she does something to stop it. If the landlord fails to resolve the problem, you may want to break your lease and move. If the landlord then sues you for breaking the lease, go to the hearing and explain why you moved.

Give the Magisterial District Judge a copy of any letter you sent to the landlord. It is also helpful to bring someone who witnessed the problems you faced to the hearing to explain the situation to the Magisterial District Judge. Finally, tell the Magisterial District Judge that the landlord's failure to do anything to stop the disturbances violated the covenant of quiet enjoyment and, therefore, you had a right to cancel the lease and move.

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