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Excessive Noise ???

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charlee

Junior Member
What is the name of your state? NJ
Hello,
If anyone can provide some insight on this problem I would appreciate it.
I am a disabled adult female with Progressive MS. I am confined to a wheelchair/scooter and do not work. I live in an apartment building on the second floor. I use a motorized scooter in my apartment on a daily basis. Because my apartment is small, neither my scooter or wheelchair fit into the kitchen or bedroom, so I use a desk chair on wheels to get around these rooms. Once a week I use the desk chair to get around my apartment, only in the evening till approx. 10 pm and then again in the morning 6:30 am to about 8 am, as my two young grandsons sleep over once a week and the scooter takes to much room. I also charge the scooter overnight once a week, so I use the desk chair if I need to use the restroom that night.
The tenant in the apartment below me has complained to the landlord and left a note on my apt. door, stating that the" extremely invasive high level of noise is unacceptable". She also states " I urge you to stop the roller derby". I spoke with my landlord who understands the situation and tells me not to worry about it. However, it was after this conversation that the letter was left. I did confront the woman when I found the letter, to no avail.
In my mind, I am not doing anything wrong by using whatever means necessary to get around. Should this escalate any further, I would like to know what my rights are. Do I have the legal right to do what I am doing? Can this be considered "Excessive Noise", as my neighbor states? What would happen if the Police were called? Can this be consider Tenant misconduct. I feel I am in the right here and her complaints are ridiculous, but, at the same time I am worried she is going to try to take legal action.
Any advice you can offer would be appreciated.
Thank you,
LisaWhat is the name of your state?
 


ENASNI

Senior Member
Everyone is entitiled to quiet enjoyment in their own dwelling. You are only looking at your side of this.

The landlord may at some point have to decide what to do about the noise complaints if the other tenant goes through the correct route.

You also have rights, however I think that getting a downstairs unit would be the best way to go.
 

enjay

Member
Wheelchairs and scooters have rubberized wheels that minimize the amount of noise produced...a desk chair is not going to have that and will be very grating to the person downstairs who has to listen to it. Look for something else to scoot around with, or consider carpeting the kitchen. You don't have hard wood floors, do you?
 

You Are Guilty

Senior Member
Sublet your place to a professional clog-dancer. You'll have the downstairs neighbor begging you to move back within the week.
 

averad

Member
Get a walker or a cane something that is specifily made to help you get around. Canes and walkers are usually covered by medicare or your medical supplement insurance.
 

ecmst12

Senior Member
You could also try sending a letter explaining the situation to your downstairs neighbor, they may be more understanding if they knew the full story. You can also put down rubberized mats on the floors where you use the desk chair, cheaper and easier then carpet and will still cut down on the sound.
 

charlee

Junior Member
thank you

Thank you all for your input. The focus seems to be on the desk chair, which I will try to come up with another solution for. But, I dont think the tenant below is referring to the desk chair in her complaint. In her letter she states that the invasive noise is from Mon. - Fri. 4am-8am and Sat. & Sun. 7/8 am- 11:30 pm. First let me say that I am never up at 4 am - normally I don't get up until 8:30/9:00 am , weekends included, with the exception of one day a week when I am up at 6:30 am. Also, generally I am in bed by 10:00 pm , on a rare occasion 11:00 pm. Based on this I believe she is complaining about the use of my scooter.
For now I am waiting to see what happens.
Thanks again for all the advice.
 

BL

Senior Member
Do like I did with an unruly neighbor last two nights , call 911 and say you'll go " off the Wall" if the peace enforcement won't do the job . by responding .

:D I later heard the officer threaten to arrest them . :p

And who says . I need to step away ???

60's Santana sounds nice on headphones ..
 

stealth2

Under the Radar Member
charlee said:
I also charge the scooter overnight once a week, so I use the desk chair if I need to use the restroom that night.
And this is likely where the 4am stuff comes in. Your dowbnstairs neighbor really is not being unreasonable in expecting that she'll be able to sleep past 4am, regardless of your toileting needs. I'd suggest you (a) find an alternate mode of transport to the bathroom at night, (b) find a way to soundproof the floor, and/or (c) ask to move to a downstairs apartment.
 

fairlight

Member
In many places, the legal (meaning city ordinance) "quiet hours" are between 7 a.m. and 10 p.m. If those hours apply in your city, then the landlord should include them in the lease or rental agreement to let all tenants know that they're aware of the law, and that they will enforce it.

Sometimes a landlord just doesn't want to bother with enforcing the law, so will make a tenant who complains look unreasonable or "too sensive." If the shoe were on the other foot, so to speak, you wouldn't want someone waking you up at all hours so they could entertain friends, play their favorite music loud enough to be heard by tenants in the next building, vacuum the entire apartment because they "felt" like it, etc.

Hope you get it worked out.
 

Ohiogal

Queen Bee
fairlight said:
In many places, the legal (meaning city ordinance) "quiet hours" are between 7 a.m. and 10 p.m. If those hours apply in your city, then the landlord should include them in the lease or rental agreement to let all tenants know that they're aware of the law, and that they will enforce it.

Sometimes a landlord just doesn't want to bother with enforcing the law, so will make a tenant who complains look unreasonable or "too sensive." If the shoe were on the other foot, so to speak, you wouldn't want someone waking you up at all hours so they could entertain friends, play their favorite music loud enough to be heard by tenants in the next building, vacuum the entire apartment because they "felt" like it, etc.

Hope you get it worked out.

I think you have those backwards -- between 10pm and 7am. And that is not always true but definitely something she should check.
 

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