how to handle landlord and downstairs tenants.

[strongbus]

What is the name of your state (only U.S. law)? maine

Ok some info. My family lives in a second floor apartment. There are 2 apartment under us. There is no insulation between the apartments. There is a quite time rule for between 10pm and 8am.

Here is the issue. Over the years I have lost count of the number of times that we have gotten phone calls saying that the tenants under us have complained cause we are making to much noise after 10pm. And its always the same thing that it sounds like we are stomping round. There are spots that if we walk over the floor creaks and such. What it comes to is if after 10pm. If we don't tip toe or walk very softy it makes noise down stairs. Normal walking round is enough to get a phone call some nights. It don't help that to go form say the living room to the bathroom we have to walk right over both apartments bedrooms.

I have been told by the guy who dose the work for the landlord, as well as friends that I have that are landlords or work for landlords, that if there was insulation between the apartments that there would be no issues. But our landlord just states that it is our fault cause we are the ones who are making the noise.

We are working on trying to save enough to get another place but it be a bit. As when I got a call today form the LL he said that people are saying that they are going move out over this.

Any suggestion on what to do to make sure we are ok till we can save enough to get out?

 

[FarmerJ]

First do you have a set term lease that has some months left to go on it or are you month to month ? if there is some time yet on a fixed term lease then next time this comes up tell your LL there is no reason he cannot search you tube and find video on how to reduce floor boards from creaking ( adding screws ) which would be no where near as expensive as blowing in insulation between floors! yes many old old homes that are multi unit have noise transmission problems but if you are month to month there is not alot you can do since this LL could just tell you to move out with proper notice. So the LL can tell you the tenant moved because of noise but in the end Ill guess this LL is just too dang lazy to deal with the flooring and just keeps blaming tenants.

 

[strongbus]

Been a while but now this is getting bad. 1st a little update. Its gone form them complaining just after 10 pm to any time after bout 4:30 or so, I can get a phone call form LL saying that the normal day to day stuff is to loud and I need to keep the movement around and in the kitchen to a min, as their bedroom is under part of the kitchen. I don't get home form work till bout 5:30 pm. So we don't start supper till bout 6 pm or so. Well last night I got done cooking and was sitting down bout 7pm to eat supper, when I get a phone call form LL. Seems just doing the normal things to cook supper(running water or getting pan/pots out or just walking form one side to the other was keeping the husband up down stairs(seems ll just found out the guy has to go into work at 4:00 am so he goes to bed very early). I was told that we needed to keep our movements down so he could sleep. The LL has come out and said everything to the point where although he hasn't said it but it like he is saying we can't use the kitchen after bout 4:30 pm. When we 1st moved in we got a year lease. It state in it after the 1st year it would go to a month to month with same terms. The ll has gone in and listen as I walk around the kitchen. He knows we not running or playing loud music or stuff its just normal walking round.

Could this be considered harassment? We are saving up to move but with paying rent we can't save much each month. Its getting to the point we just bout ready to find someplace and use the normal money we pay the LL for rent to get out of here.

 

[Zigner]

Its getting to the point we just bout ready to find someplace and use the normal money we pay the LL for rent to get out of here.

If you do that without the landlord's approval, then you can expect to be sued (and lose.)

 

[strongbus]

If you do that without the landlord's approval, then you can expect to be sued (and lose.)

ya we figured that. The landlord keeps telling us that him/us/downstairs tenants need to work this out. So its almost to the point that we are bout to just see if we can work out something with ll to get out. Because how can you work out something like this. How can you deal with noise if its coming form day to day stuff that you need to do?

 

[LdiJ]

ya we figured that. The landlord keeps telling us that him/us/downstairs tenants need to work this out. So its almost to the point that we are bout to just see if we can work out something with ll to get out. Because how can you work out something like this. How can you deal with noise if its coming form day to day stuff that you need to do?

The downstairs neighbor is part of the problem, and the lack of insulation between the floors is part of the problem as well. You are correct, you cannot help from making normal day to day movements around your apartment to do what you have to do.

Quite frankly, your landlord would be better off getting rid of the downstairs neighbor rather than you, because the next person who moves in isn't going to be any less noisy than you are. Someone needs to suggest to the neighbor that he needs to wear some earplugs.

 

[strongbus]

Well final got the landlord to listen to me and hes final agreed with me and my wife bout the issue. Seems the downstairs people have been how should we say making it sound worst then it is. I explained to the LL that we can hear people walking and talking in the apartments round us and we understand its part of normal apartment living. Even brought the LL and the tenant form downstairs in to listen to it. When the LL ask the tenant if that was the sound and stuff like they where hearing form us, they said yes it was. The LL said that is normal and stuff. The tenant said NO. To them they should never hear anything form other apartments, and any noise is to much. Its only when we are in the kitchen that they hear us. So the LL is going add some layers to our kitchen floor(he said something bout putting a rug in the kitchen) to damping it. But told the downstairs tenants that he is not going tell us that we can't use our kitchen or that we have to be dead quite.

 

[FarmerJ]

Your LL just really should give up the money and either blow insulation in between the units him self or hire it out , he can write it all off and use it as a advertising point in the future. Other than that the rug thing isn't all bad , it will muffle some sound but its not the same as insulating. As far as any more complaints from a tenant below you politely but firmly tell them unless they have a police report in hand to give to the LL you don't want to hear another thing about it.

 

[JoDa]

I'm glad that it sounds like your landlord took the time to investigate the noise, considered solutions, and ultimately came around to the fact you're not making much noise. You're entitled to *live* in your home. If downstairs neighbors make *specific* requests that you can accommodate, then consider being neighborly, but otherwise just don't be a jerk. An example of a "neighborly" request...my upstairs neighbors in my old place made breakfast smoothies on their granite countertop EARLY in the morning (like 5:30 AM), and the sound resonated pretty well. I waited for them to come home, and showed up with a cork "hot pad." I knocked on the door and said "I support your right to make smoothies early, but would you mind putting this under your blender? It will greatly reduce the noise in my house when you do so." The response was "no problem...sorry, we didn't know it bothered you." Me: "You're entitled to make your breakfast in whatever way you need to. It's really my problem to solve, and I think this will do the trick. If it gets messy or worn down, just let me know and I'll go buy you another $1 cork hot pad." Them: "no need, this is a cheap fix to keep things neighborly." Never heard their blender again...