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Neighbor Hassment Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by rastera, May 17, 2011.

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  1. rastera

    rastera Law Topic Starter New Member

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    My husband and I recently (2 weeks ago) moved into what we thought was our dream home with our 2 yr old son. Unfortunately, we have already had issues with our downstairs neighbor.

    Incident 1)
    Just 36 hours after moving in (8:45 pm), our downstairs neighbor came tromping up the stairs, muttering and swearing, and banged on our door as if to break it down. I answered the door, terrified mind you, and politely asked what the problem was and stepped out in the hallway. He accused us of "hanging things on the wall" and "banging around". I informed him that every night starting at 8pm, it is quiet time in our house as our 2 year has a bed-time routine. He stated that we "kept him up all night" the night before moving things around. I apologized for his lack of sleep, but advised that we were all in bed by 10pm as we had no help with the move-in and were exhausted. He then went so far as to say "Well, you have a nice view in your apartment. I wouldn't want anything to change that, so I'm gonna let things slide this time." What does that mean?! He then proceeded to tell me his life story, invited me down to his place to visit sometime and offered his daughter's baby-sitting services. The whole incident lasted about 30 awkward minutes. I crumpled in my husband's arms afterwards in sobs.

    Ever since then we have been walking on egg shells. We don't feel like we can shower in the evenings before bed or in the early mornings before work. We feel like getting up to use the restroom in the middle of the night and flushing the toilet will cause more problems. I feel like our 2 year old son is not allowed to thrive in this environment as he is constantly being told "shh", "tip-toe" or "walk softly". We feel terrorized and unwelcome.

    A few days after the incident transpired, I called our landlord to express my feelings and concerns/fears of further issue. She was very sympathetic, advised me that he complained when the previous tenant had her grand-children over and to live life as usual. She also informed me that she would speak to him about his inappropriate actions and that I was to ignore him if he knocked on our door or to call the police if he persists. I felt much better after that conversation and was finally able to sleep at night for the first time in 3 days.

    For while, things were better, but then....

    Incident 2)
    Just shy of 2 weeks in our new home, we had immediate family over for dinner and coffee to view our new home. This was at about 6pm. At 7:50pm and 8:00pm, the downstairs neighbor was banging on his ceiling/our floor repeatedly for a few minutes at a time. He then walked outside, obviously intoxicated, and began to glare at the family members who were outside on our deck having quiet conversation. I immediately reported the incident with property management. Our family members left disgusted around 8:30pm. Nobody wants to come over here again. I can't say I blame them.

    Incident 3)
    Just yesterday (Monday), my husband called management to report that we have several wasps nests in the eave above our deck. Our landlord took that opportunity to inform my husband that a noise complaint was called in the morning before by our downstairs neighbor stating that he was woken up by a loud "thud" at 7:45 am. (If my son waking up, walking out of his room and into ours is the "thud" in question, then yes, we are guilty.) Management was not sympathetic this time around. She seemed irritated and condescending. According to her, a mediation session is to be held in the near future.

    I am at a loss as to what to do. I feel unwelcome, uncomfortable and anxious at home. I can't function at work. I can't sleep well at night. My relationship with my husband is strained. My 2 year old doesn't understand what he is doing that is so naughty. I am often physically ill at times due to stress.

    We fear that we are going to be forced out of here. If eviction does happen, nobody will rent to us and we cannot afford to buy a home at this time. We are quiet, respectful, hard-working individuals. We deserve to be here. We deserve to live life without fear. We have done nothing wrong. Please help.
     
  2. disagreeable

    disagreeable Well-Known Member

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    Generally speaking, a landlord will not perform a formal eviction if you come to a termination agreement on a lease. You can then find another place without an issue. Make sure you stay on top of the issue to avoid formal eviction filing.
     
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    That was an old post (2011) but I must say, I enjoyed the dramatics in it ("crumpled in my husbands arms afterwards in sobs", "we feel terrorized", unable to sleep at night for 3 days, strained relationship with husband).

    Ah the torture! The suffering! The melodramatics!

    Gail
     

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