Quiet Enjoyment Noise Problems

[scytheye]

{State of Michigan}

First of all, thanks for taking the time to read this

Hi, I live in an apartment building and several tenants are very noisy. This goes against the lease building rules:
"tenants....will not disturb by noise, music, radios and television"
and my city's noise ordinance:
'it is unlawful to operate equipment that disturbs your neighbors'

I've documented the noise, but now its coming from ANOTHER apartment at random times, too!

So far I've called the police twice for the radio/partying next door - with drunk college girls overflowing into the hallway. I can't believe nobody else has complained! I've heard their party bass six times, always at night. I emailed the landlord about it the last time and received no phone call. Instead, I luckily? happened to run into the maintenance guy (apparently contracted out by the landlord - not hired directly) who asked about the email I sent the landlord, how many times I called the police and how many times the noise has been loud. He knocked on their door and they weren't home. No follow up from the janitor or the landlord, either.

Today, the new guy across the hall apparently moved in his BOSE (or similarly loud) speaker system and his bass woke me up. When I opened my door, it sounded like a concert in the hallway from his apartment, literally loud as if real instruments were playing right there.

So, the next door neighbor only stops when the cops show up, the neighbor across the hall is new - and my landlord hasn't responded in writing to my first complaint.

I want to break my lease if this keeps up. I could easily rent a house in a quiet neighborhood for the price I pay here. It was quiet for 3 months and there is nothing to make me think the landlord is enforcing anything the proper way or that they even care. The place isn't cheap for the area and the noise is against the city law and my lease, what should I do next?

Thank you!

 

[army judge]

{State of Michigan}

First of all, thanks for taking the time to read this

Hi, I live in an apartment building and several tenants are very noisy. This goes against the lease building rules:
"tenants....will not disturb by noise, music, radios and television"
and my city's noise ordinance:
'it is unlawful to operate equipment that disturbs your neighbors'

I've documented the noise, but now its coming from ANOTHER apartment at random times, too!

So far I've called the police twice for the radio/partying next door - with drunk college girls overflowing into the hallway. I can't believe nobody else has complained! I've heard their party bass six times, always at night. I emailed the landlord about it the last time and received no phone call. Instead, I luckily? happened to run into the maintenance guy (apparently contracted out by the landlord - not hired directly) who asked about the email I sent the landlord, how many times I called the police and how many times the noise has been loud. He knocked on their door and they weren't home. No follow up from the janitor or the landlord, either.

Today, the new guy across the hall apparently moved in his BOSE (or similarly loud) speaker system and his bass woke me up. When I opened my door, it sounded like a concert in the hallway from his apartment, literally loud as if real instruments were playing right there.

So, the next door neighbor only stops when the cops show up, the neighbor across the hall is new - and my landlord hasn't responded in writing to my first complaint.

I want to break my lease if this keeps up. I could easily rent a house in a quiet neighborhood for the price I pay here. It was quiet for 3 months and there is nothing to make me think the landlord is enforcing anything the proper way or that they even care. The place isn't cheap for the area and the noise is against the city law and my lease, what should I do next?

Thank you!

The next time this happens, try to record the noise and/or try to capture it on video (noise & picture).

Other than that, if the police don't catch them in the act, it never happened.

In your state (Michigan), the police can only arrest a miscreant for a misdemeanor offense, if they observe the violation.

You can ask the police to allow you to make a citizen's arrest, of sorts.

Some agencies will allow this, others won't.

At least you can ask if such an arrest will be allowed by the responding agency.

If the police officer won't permit it, ask what your other remedies are.

Usually you'll be told to speak to the prosecutor's office the next day (or the day they are open), if the police won't aid you in making a citizen's arrest.

The police are handicapped by Michigan's arrest laws.

In misdemeanor cases, however, a police officer may generally not make a warrantless arrest unless the offense was committed in the officer's presence. See People v Lyon, 227 Mich App 599, 604 (1998).

The Michigan Legislature has created a number of exceptions to the general rule prohibiting warrantless arrest on reasonable cause in misdemeanor cases. In drunk driving cases, the following exceptions apply:

• Accidents involving intoxicated drivers

MCL 257.625a(1)(a); MSA 9.2325(1)(1)(a) provides for warrantless arrest where:

"[t]he peace officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved in the accident and was operating the vehicle in violation of [MCL 257.625; MSA 9.2325] or a local ordinance substantially

corresponding to [MCL 257.625; MSA 9.2325]."* See Section 1.4(F) for a definition of "operating" a vehicle. The requirements for an "accident" are discussed at Section 2.4(B)(1).

• Intoxicated driver in stopped vehicle

MCL 257.625a(1)(b); MSA 9.2325(1)(1)(b) provides for warrantless arrest where:

*"[t]he person is found in the driver's seat of a vehicle parked or stopped on a highway or street within this state if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of [MCL 257.625; MSA 9.2325] or a local ordinance substantially corresponding to [MCL 257.625; MSA 9.2325]."*

http://www.mid3.net/police-authority-to-arrest-without-a-warrant/

 

[mightymoose]

Citizen arrest should always be an option- a police agency should not disallow it, but should advise the citizen of the liabilities involved with making an arrest.
Even so, if ou wanted to make a citizen arrest you should not expect anyone to go to jail. The officer would make the arrest and then release the person with a citation to appear in court and have the matter heard.