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  1. #1
    Gere is offline Junior Member
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    Landlord not taking action against noisemakers upstairs - can I sue the landlord ?

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

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

    I have been living in the current apartment for the past 9 months and have had two sets of neighbors before upstairs who have always been quiet and I have never complained anything about them. However recently a couple has moved in just before the new year. All throughout the day right from 5-30 AM to 11-00 PM there is noise coming from upstairs. These noises are initially just of walking around which I can tolerate but then the neighbors also bring over a kid (which has not been listed on the lease - as told to me by my landlord) and the kid starts running around, dropping things, moving furniture and just creating a ruckus every evening and weekends for me downstairs. The other thing is that the residents of the apartment themselves keep moving furniture, stomp around inspite of carpet being there.
    I have politely requested them to keep the noise down but it went unheeded. I then approached the landlord to intervene and do something about it but from the past two weeks nothing seems to have been done. I used to communicate through the phone with the landlord but I requested the landlord's email ID and have been emailing her my complaints and have asked the landlord to update me as to what is the progress of my complaint but the landlord just does not respond. In the meantime the noise continues unabated.
    I wanted to know if I document the noise coming through and the stomping and all the ruckus created along with my emails to my landlord, can I sue my landlord for negligence in this matter? I am sure that this is a very common complaint and I am planning to move out at the end of Feb but I still have to stay in this apartment for a month more. The whole environment has gone from being peaceful to being one from hell as I am not able to sleep which is affecting my work and family life.
    I am not bothered about what action landlord takes against the neighbors as long as the landlord makes sure that I am able to live in my own apartment in peace.

    So the bottom line is can I take the case to a small claims court. I don't care for monetary compensation but want to make sure that the landlord takes care of such complaints if I continue living here. I just would like to add that I am an immigrant on a work visa and am a little hesitant to go to court that readily at the same time I don't have money to hire a lawyer. Please advise.

    Thanks
    Gere
    Last edited by Gere; 01-25-2013 at 06:55 PM.
  2. #2
    Gail in Georgia is offline Senior Member
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    No, you can't sue the landlord over this. You are living in an apartment complex. These are normal noises when folks live in such an environment. Your landlord isn't the mommy or daddy over all of this.

    You can, if you wish, call the police if the noise goes late into the evening hours but they will also likely point out that this is not unusual when folks live in an anthill environment called apartment living.

    Gail
  3. #3
    OHRoadwarrior is offline Senior Member
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    This is a hazard of living on the bottom floor. I suggest you move when your lease is up.
  4. #4
    Gere is offline Junior Member
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    So the people living upstairs can make as much noise with their guests as they want without consideration to people living below and I cannot do anything because I am living downstairs. Now I know why it pays well to be on the top of the foodchain. Well I am doing what I can in my power to make sure I am heard. If I cannot take my LL to court then I will start calling her up with every noise complaint and also register my complaint through e-mail, put up horrible reviews on websites, etc.

    Thanks for the inputs that I have received.

    Gere
  5. #5
    BL
    BL is offline Senior Member
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    Quote Originally Posted by Gere View Post
    So the people living upstairs can make as much noise with their guests as they want without consideration to people living below and I cannot do anything because I am living downstairs. Now I know why it pays well to be on the top of the foodchain. Well I am doing what I can in my power to make sure I am heard. If I cannot take my LL to court then I will start calling her up with every noise complaint and also register my complaint through e-mail, put up horrible reviews on websites, etc.

    Thanks for the inputs that I have received.

    Gere
    You will be gone in a month ,grin and bear it,until the next neighbor like this comes along in your next Apt.
  6. #6
    Banned_Princess is offline Senior Member
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    New York. Long Island.
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    7,711
    Quote Originally Posted by Gere View Post
    What is the name of your state (only U.S. law)? Wisconsin

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

    I have been living in the current apartment for the past 9 months and have had two sets of neighbors before upstairs who have always been quiet and I have never complained anything about them. However recently a couple has moved in just before the new year. All throughout the day right from 5-30 AM to 11-00 PM there is noise coming from upstairs. These noises are initially just of walking around which I can tolerate but then the neighbors also bring over a kid (which has not been listed on the lease - as told to me by my landlord) and the kid starts running around, dropping things, moving furniture and just creating a ruckus every evening and weekends for me downstairs. The other thing is that the residents of the apartment themselves keep moving furniture, stomp around inspite of carpet being there.
    I have politely requested them to keep the noise down but it went unheeded. I then approached the landlord to intervene and do something about it but from the past two weeks nothing seems to have been done. I used to communicate through the phone with the landlord but I requested the landlord's email ID and have been emailing her my complaints and have asked the landlord to update me as to what is the progress of my complaint but the landlord just does not respond. In the meantime the noise continues unabated.
    I wanted to know if I document the noise coming through and the stomping and all the ruckus created along with my emails to my landlord, can I sue my landlord for negligence in this matter? I am sure that this is a very common complaint and I am planning to move out at the end of Feb but I still have to stay in this apartment for a month more. The whole environment has gone from being peaceful to being one from hell as I am not able to sleep which is affecting my work and family life.
    I am not bothered about what action landlord takes against the neighbors as long as the landlord makes sure that I am able to live in my own apartment in peace.

    So the bottom line is can I take the case to a small claims court. I don't care for monetary compensation but want to make sure that the landlord takes care of such complaints if I continue living here. I just would like to add that I am an immigrant on a work visa and am a little hesitant to go to court that readily at the same time I don't have money to hire a lawyer. Please advise.

    Thanks
    Gere
    duplicate post.

    No its not! I dont know why It appeared as a fresh thread to me.
    Last edited by Banned_Princess; 01-26-2013 at 08:20 PM.

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