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  1. #1
    wjmw is offline Junior Member
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    Eviction due to crying baby?

    What is the name of your state? Connecticut

    Our neighbor was complaining to us about hearing our baby crying in the evening when he is sick or laughing at night when he was playing. Out of concern for this we went to our landlord and offered to find somewhere to go if he would let us out of our lease (we've been tenants for 3 years) He informed us no, he would not let us out and that we were being "too sensitive" to our neighbor.

    When my neighbor complained again I informed him we had offered to move and our offer had been refused. And as there is no way I can make a sick baby stop crying when he is sick (which has been a lot now that he has entered daycare) that maybe he should address his concern to the landlord.

    A month has passed and we have now received a "pre-eviction" notice telling us we must terminate the cause of the noise or we will be evicted. He even cites the noise as an "excessively crying baby and the noise of your child giggling or playing after 10pm" Well all of this takes place in the living area of the apartment and we have 2 other neighbors below and beside us which have never complained. Our child is not loud by any stretch of the imagination, there is just zero soundproofing in our complex and this particular neighbor wants to sleep early as he has a job at 4am.

    We went again and offered to move asap and he has told us NO that we must stay until an official eviction notice is served. I'm not sure how this works in CT and I certainly don't want any record reflecting we are bad tenants should we go search for other apartments, hence the reason we have offered to move. However he seems adament that we have to stay. Our lease is up in 3 months and I just want to leave without any hassles because quite frankly I"m tired of chasing and reprimanding my child for giggling or laughing for heavens sake. He's only 2. But what are my legal options? What happens if we simply abandon the apartment?What is the name of your state?
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by wjmw View Post
    What is the name of your state? Connecticut

    Our neighbor was complaining to us about hearing our baby crying in the evening when he is sick or laughing at night when he was playing. Out of concern for this we went to our landlord and offered to find somewhere to go if he would let us out of our lease (we've been tenants for 3 years) He informed us no, he would not let us out and that we were being "too sensitive" to our neighbor.

    When my neighbor complained again I informed him we had offered to move and our offer had been refused. And as there is no way I can make a sick baby stop crying when he is sick (which has been a lot now that he has entered daycare) that maybe he should address his concern to the landlord.

    A month has passed and we have now received a "pre-eviction" notice telling us we must terminate the cause of the noise or we will be evicted. He even cites the noise as an "excessively crying baby and the noise of your child giggling or playing after 10pm" Well all of this takes place in the living area of the apartment and we have 2 other neighbors below and beside us which have never complained. Our child is not loud by any stretch of the imagination, there is just zero soundproofing in our complex and this particular neighbor wants to sleep early as he has a job at 4am.

    We went again and offered to move asap and he has told us NO that we must stay until an official eviction notice is served. I'm not sure how this works in CT and I certainly don't want any record reflecting we are bad tenants should we go search for other apartments, hence the reason we have offered to move. However he seems adament that we have to stay. Our lease is up in 3 months and I just want to leave without any hassles because quite frankly I"m tired of chasing and reprimanding my child for giggling or laughing for heavens sake. He's only 2. But what are my legal options? What happens if we simply abandon the apartment?What is the name of your state?
    Stop offering to move. And do NOT abandon the apartment.

    Your landlord has no grounds to force the eviction unless you have a crying abusively noisey child at 3 a.m. every other day.

    Start looking for a better apartment and leave when your lease is up.
  3. #3
    BL
    BL is offline Senior Member
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    I agree with BB .

    What you have is one complaining neighbor out of three .

    What your LL is stating is bringing an eviction on " Objectionable tenancy " .

    First a LL can NOT discriminate against children .

    Secondly you only have one out three neighbors complaining .

    I'd like to hear what the Judge has to say to the LL in eviction Court .

    Indications of objectionable tenancy are included in, but are not limited to, the list below:

    Illegal activity in the apartment or around the building by Tenants or their guests.


    Reasonable complaints by neighbors concerning activities of Tenants or guests.


    Kids will be kids as the saying goes .


    Tenants' failure to allow Landlord to gain access to apartment.


    Tenant consistently failing to take trash out for pickup, or improperly preparing trash for pickup.


    Serious or repeated damage to the property.


    Storage of unlicensed vehicles without Landlord permission and proper City permits.


    Unacceptable number of calls for police service response to apartment.


    Failure to comply with the terms expressed in this lease.
    Last edited by BL; 01-25-2007 at 02:09 PM.
  4. #4
    panther10758 is offline Member
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    I am not trying to discredti OP and hope all works in OP's favor but I do wonder about some things.

    . Are you certain its only one neighbor?

    . Why is child sick so often and crying till all hours?

    . why is a "baby" up playing at ten PM?

    . Does lease have a noise restriction on it?

    These things all came to mind. No wof course we only have your view of problem which of course is told with your own bias. Again I am not trying to discredit OP just thinking out loud
  5. #5
    Hot Topic is offline Senior Member
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    If your child is sick on a regular basis, I'd suggest talking with the operator of the day care center. I'd also consider keeping an eye out for another facility.

    A two year old shouldn't be up at 10 p.m.

    Either the complaining neighbor is super sensitive or there's a little more to the noise complaint that has been posted. There could be other tenants who are unhappy with the situation but feel they have to "grin and bear it."
  6. #6
    Cvillecpm is offline Senior Member
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    Exclamation Eviction due to crying baby?

    You need to be seeing a doctor for the baby's illnesses to document that is WHY he/she is crying. A sick baby who is getting proper medication will most likely sleep so the crying would be an non-issue.

    I think you should be more concerned about neighbor calling child protection on you if the landlord won't let you out of your lease.
  7. #7
    panther10758 is offline Member
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    Quote Originally Posted by Cvillecpm View Post
    You need to be seeing a doctor for the baby's illnesses to document that is WHY he/she is crying. A sick baby who is getting proper medication will most likely sleep so the crying would be an non-issue.

    I think you should be more concerned about neighbor calling child protection on you if the landlord won't let you out of your lease.

    that is a very real concern. As others have said why is this child crying so much!?
    Last edited by panther10758; 01-26-2007 at 09:37 AM.
  8. #8
    colourfastt is offline Member
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    I have to disagree with some of the opinion's on here ... several years ago I rented an apartment and did manage to have a family with a small child evicted. I complained to the LL that the child's regular and LOUD crying and other noise interferred with the quiet enjoyment of MY premises.
    Last edited by m martin; 01-26-2007 at 10:38 AM.
  9. #9
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by panther10758 View Post
    that is a very real concern. As others have said why is this child crying so much!?
    Who cares? If the neighbors don't like it, oh well...
  10. #10
    panther10758 is offline Member
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    Quote Originally Posted by Who's Liable? View Post
    Who cares? If the neighbors don't like it, oh well...
    Well clearly the LL cares for one thing. The other real concern is why is this child crying so much! A baby that cries so often that neighbors complain is a red flag!
  11. #11
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by panther10758 View Post
    Well clearly the LL cares for one thing. The other real concern is why is this child crying so much! A baby that cries so often that neighbors complain is a red flag!
    Which is not the concern of this forum. It is not illegal for a child to cry.
  12. #12
    fairisfair is offline Senior Member
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    Quote Originally Posted by panther10758 View Post
    Well clearly the LL cares for one thing. The other real concern is why is this child crying so much! A baby that cries so often that neighbors complain is a red flag!
    No offense, but you don't even know how much this baby cries. Once or twice may have been enough for the neighbor to complain.
  13. #13
    panther10758 is offline Member
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    None taken! However if the baby crys are enough to get neighbors to complain and LL to take action I would guess the crying is frequent. Without OP actually telling us we can only guess. I would not complain over a simple crying baby during sickness of few days. However if a child was crying for days and days or weeks then concern s would be raised. My first action might be to LL my next (as a parent) might be CPS for possible abuse or neglect! I have five children and I have not ever had a problem with any child of mine crying so much neighbors complained.

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