Quiet Enjoyment Nuisance neighbor is friend of manager

[aroundtheglobe]

My jurisdiction is: michigan


I live in a large apartment complex that is managed by a live-in property manager. Several months ago, a new tenant moved into the unit next to mine and the noise disturbances started. It didn't take long to figure out that he has recording studio equipment in his apartment and holds regular recording sessions for local "artists." Several times I have brought the nuisance to the resident-manager's attention - she claims to have served two notices for noise violations thus far.

I politlely confronted my neighbor on two occasions, only to have him laugh when I threatened nvolve management. I discovered why he finds this so comical: he is a friend of the manager. To complicate matters, he lived here last year and worked as an "office aid" for this manager. I also learned that his disruptive behavior caused problems throughout the previous tenancy. He was taken to court twice for non-payment, but dismissed both times by the plaintiff (the apartment complex) as he agreed to pay. The apartment complex recently filed a third complaint, for which the judge entered a default judgement in the plaintiff's favor and an eviction date for July 27th.

Yet, I was awoken at 4 o'clock this morning by his obnoxious guests, so it doesn't look like he's going to be moving out.

I would appreciate any thoughts or advice on this matter, especially the fact that he lived (and worked) here previously and is a friend of the manager, who knowingly leased an apartment to a disruptive tenant.

Thank you.

 

[Michael Wechsler]

I'd report the disturbance to the police if it got too loud and I'd also send a certified letter to the landlord describing what you believe to be the case - the running of an unauthorized business, a recording studio, in the adjoining apartment. I'd also be prepared to leave the apartment and move elsewhere. Search this forum for "constructive eviction" - which means that the landlord has breached a provision of your lease, which would be the quiet enjoyment of the premises (not literally but it means without intrusion.)

I've seen people withhold the rent and move out, knowing that the landlord would not return the security deposit. What you are trying to do here is make it extremely difficult for a landlord to take you to court since it costs them time and money, which they won't do if they don't have a case. What is the landlord supposed to tell a judge? The tenant was forced to move because of the landlord's failure to prevent another tenant from operating an illegal recording studio? This is why I'd also call the police if it got loud enough and sustained for a period of time, especially early in the morning. If you really want to get fancy, you can record a video with the audio and then you've got your proof.

This is a somewhat risky but common method and you can protect yourself via the written notices with proof of delivery. I hope this helps you get the leverage you need and might provide a remedy. Good luck.

 

[aroundtheglobe]

Thank you for the great advice. I have called the police a number of times, but was told that it was an issue between landlord and tenant. They would not enter the building if the noise couldn't be heard from the street (I live on the fourth floor downtown, adjacent to a highway). I will proceed with a certified letter to the regional property manager. Thanks again!