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Neighbors children making excessive noise after 10pm

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Derek_Rouse

Junior Member
What is the name of your state (only U.S. law)? Missouri

My neighbor's children are stomping and running around the house excessivly between the hours of 10PM and 6AM, and we have complained to the Landlord multiple times regarding this only to get the same response that do to fair housing she can not evict them. My understanding of Fair Housing is that children playing is only protected during acceptable hours and I beleive fair housing should kick in to protect my families rights at this point. What as a tenant can I do at this point? Am I eligible to get out of my lease without reprocutions if my landlord is unwilling to do anything, or is my landlord required by law to take action. Or is my family and I doomed to sleepless nights for the remainder of our lease? Any help is greatly appriciated and if any sources could be sited I would appriciate it as well. Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Missouri

My neighbor's children are stomping and running around the house excessivly between the hours of 10PM and 6AM, and we have complained to the Landlord multiple times regarding this only to get the same response that do to fair housing she can not evict them. My understanding of Fair Housing is that children playing is only protected during acceptable hours and I beleive fair housing should kick in to protect my families rights at this point. What as a tenant can I do at this point? Am I eligible to get out of my lease without reprocutions if my landlord is unwilling to do anything, or is my landlord required by law to take action. Or is my family and I doomed to sleepless nights for the remainder of our lease? Any help is greatly appriciated and if any sources could be sited I would appriciate it as well. Thanks.
What did the police say each time you called them?
 

ecmst12

Senior Member
The parents of those children have the right to let them run around. You don't get to tell them how to parent. If you don't like having children live above you, then move to a single family home, live on the top floor, or move to an adults-only community (if you qualify). Beyond that, your neighbors are allowed to live their lives as they see fit and that includes ignoring whether you are happy or not. Apartment living is generally noisy - it's a fact of life.
 

Zigner

Senior Member, Non-Attorney
The parents of those children have the right to let them run around. You don't get to tell them how to parent. If you don't like having children live above you, then move to a single family home, live on the top floor, or move to an adults-only community (if you qualify). Beyond that, your neighbors are allowed to live their lives as they see fit and that includes ignoring whether you are happy or not. Apartment living is generally noisy - it's a fact of life.
That would be true except that this is NOT acceptable during the wee hours of the night/morning.
 

Searchertwin

Senior Member
That would be true except that this is NOT acceptable during the wee hours of the night/morning.

This is true UNLESS the neighbor complaining is going over board on the noise level. Going to the bathroom late at night with small children will create noise that will be heard in a quiet building MORE than normal.
 

Zigner

Senior Member, Non-Attorney
This is true UNLESS the neighbor complaining is going over board on the noise level. Going to the bathroom late at night with small children will create noise that will be heard in a quiet building MORE than normal.
The OP didn't say that...
My neighbor's children are stomping and running around the house... excessivly
Of course, we can read all sorts of things in to the OP, but that does no good, so why bother? :rolleyes:
 

Dave1952

Senior Member
Do you have a lease? You are entitled to the "quiet enjoyment" of your apartment. If these neighbors (in the same building?) are making a lot of noise you may ask the landlord to fix the problem. This needs to be done diplomatically since an obvious fix is to give you 30 days notice. You may wish to speak with a lawyer.

Good luck
 

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