Delaware
I purchased a rehabbed apartment as a condominum in Dover DE about 3 years ago. My orginal contract was on a unit owned by the manager of the complex (whole other problem our manager). When he was showing me the unit, we happened to look at a third floor unit. I specifically asked him if the people living below would be able to hear me below. He tells me "no it is concrecte construction and only if somone was jumping around a lot would I hear it" A few days later he showed me another unit, on a second floor, the inspection of this unit failed and I pulled my contract, very next day another privately owned unit became available and I jumped on it and bought it, passed inspection with flying colors.
Immediately after I moved into this unit, I started to notice noise. I can hear doors slamming outside, in the hallways, the slider upstairs in the apartment above me and constant creaking and cracking as the people move around. While I have become very tollerant and accepting of the noise, the unit in question above me has been sold once, and is now used as a rental on her fifth tenant. The current tenants are very active people. While I can hear them moving around almost everywhere they go in their unit, I don't object to it other then in the bedroom after 10:30pm while I am trying to sleep. The masterbedroom is the root of my entire problem! After about 3 month I had enough, I was woken up 2:00 am in the morning and the noise did not subside until 3:30... I left a note on the door of the unit stating my complaint and asking them to kindly try to keep activities in the masterbedroom area to a norm after 10:30pm other then the occasional emergency. Later next week we (my apartment and below) had a water leak origninating from hers. So I got in contact with her through our office. She returns my call stating she is going to have the problems repaired, and mentions my note to her tenant and that in the future I am to contact her through the office and not address her tenant. I had her telephone number from my caller ID and called her back, we talked about the water leak((s) past leaks to) and I was kind enough to tell her I was not worried about the minimal damage that recently occured, and that I was not even concerend with the time her (current tenant) leaked water from the tub causing my ceiling to turn brown. I even appologized for contacting her tenant but the noise issue has been causing me to loose sleep. She advises me the tenant is moving out end of the month (end of may) and hopefuily the next tenant will be more compatable. Early morning June 8th noises returned and I was woken up several times between midnight and 3 am. At my breaking point I called her (the owner) at 3:15 am to make her aware of what I am experencing. She contacts the tenants, who advise her they are packing for a weekend trip and they might be done in an hour or so... She attempts to appologize to me, suggest I seriously consider moving and I knew other then her physically confronting her tenants at 3:15 am the problem is not going to resolve. I left my home at 3:30 am and drove 40 miles to my dads house to try to get some sleep! When I return later today, she has contacted me on my machine advising me not to call her at 3:15am ever again, any problems I have address with her via email, and not to speak to her tenant (which I have not since the orignal note). The association office says the problem is between her and I and I should wait till I have jumping kids living above me if I think this is bad. Apparently this tenant is moving out still, and of course unless she sells, I'll have another renter above me doing god knows what until god knows when in the morning...
I am feeling that if she is using her connecting property as a rental unit, wouldn't she be liable for all tenant actions, even those that are causing me to lose sleep? I have considered several options from vacuuming my ceiling at 3am to give them (the tenants), to performing major contruction work on my ceiling at 3am.. I have considered moving, and that may be a possibility depending on the next tenants, to also possible having my bedroom soundproofed if possible.
Please help and give some advice if possible! I felt like I have addressed the problems correctly to no avail.. Is it worth me consulting a realeaste lawyer. I feel that any future contact with her will be handled through my lawyer nonethess.
I purchased a rehabbed apartment as a condominum in Dover DE about 3 years ago. My orginal contract was on a unit owned by the manager of the complex (whole other problem our manager). When he was showing me the unit, we happened to look at a third floor unit. I specifically asked him if the people living below would be able to hear me below. He tells me "no it is concrecte construction and only if somone was jumping around a lot would I hear it" A few days later he showed me another unit, on a second floor, the inspection of this unit failed and I pulled my contract, very next day another privately owned unit became available and I jumped on it and bought it, passed inspection with flying colors.
Immediately after I moved into this unit, I started to notice noise. I can hear doors slamming outside, in the hallways, the slider upstairs in the apartment above me and constant creaking and cracking as the people move around. While I have become very tollerant and accepting of the noise, the unit in question above me has been sold once, and is now used as a rental on her fifth tenant. The current tenants are very active people. While I can hear them moving around almost everywhere they go in their unit, I don't object to it other then in the bedroom after 10:30pm while I am trying to sleep. The masterbedroom is the root of my entire problem! After about 3 month I had enough, I was woken up 2:00 am in the morning and the noise did not subside until 3:30... I left a note on the door of the unit stating my complaint and asking them to kindly try to keep activities in the masterbedroom area to a norm after 10:30pm other then the occasional emergency. Later next week we (my apartment and below) had a water leak origninating from hers. So I got in contact with her through our office. She returns my call stating she is going to have the problems repaired, and mentions my note to her tenant and that in the future I am to contact her through the office and not address her tenant. I had her telephone number from my caller ID and called her back, we talked about the water leak((s) past leaks to) and I was kind enough to tell her I was not worried about the minimal damage that recently occured, and that I was not even concerend with the time her (current tenant) leaked water from the tub causing my ceiling to turn brown. I even appologized for contacting her tenant but the noise issue has been causing me to loose sleep. She advises me the tenant is moving out end of the month (end of may) and hopefuily the next tenant will be more compatable. Early morning June 8th noises returned and I was woken up several times between midnight and 3 am. At my breaking point I called her (the owner) at 3:15 am to make her aware of what I am experencing. She contacts the tenants, who advise her they are packing for a weekend trip and they might be done in an hour or so... She attempts to appologize to me, suggest I seriously consider moving and I knew other then her physically confronting her tenants at 3:15 am the problem is not going to resolve. I left my home at 3:30 am and drove 40 miles to my dads house to try to get some sleep! When I return later today, she has contacted me on my machine advising me not to call her at 3:15am ever again, any problems I have address with her via email, and not to speak to her tenant (which I have not since the orignal note). The association office says the problem is between her and I and I should wait till I have jumping kids living above me if I think this is bad. Apparently this tenant is moving out still, and of course unless she sells, I'll have another renter above me doing god knows what until god knows when in the morning...
I am feeling that if she is using her connecting property as a rental unit, wouldn't she be liable for all tenant actions, even those that are causing me to lose sleep? I have considered several options from vacuuming my ceiling at 3am to give them (the tenants), to performing major contruction work on my ceiling at 3am.. I have considered moving, and that may be a possibility depending on the next tenants, to also possible having my bedroom soundproofed if possible.
Please help and give some advice if possible! I felt like I have addressed the problems correctly to no avail.. Is it worth me consulting a realeaste lawyer. I feel that any future contact with her will be handled through my lawyer nonethess.