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Noise-Sensitive neighbor calling police on my 2-year-old

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houston13

Junior Member
Here's the situation, in so many words (hopefully, not too many).

As we are approaching the beginning of a very happy fifth year at a luxury apt complex in Houston, TX we are now all of a sudden faced with a case of our relatively new downstairs neighbor insistently banging on his ceiling during daytime and early evening hours, disrupting the few precious hours our family spends together at dinner and scaring my children.

Our new neighbor from apartment below approached me several weeks ago outside of our apartments to raise an issue of noise that he believed was coming from our apartment. When asked whether he was referring to our 2-year-old and to pinpoint the source and location of noise (is it coming from the common stairs? or another ground-floor apartment adjacent to his?), he was not able to give me a definitive answer. Regardless, I assured him that I would pay attention to the issue he had raised and if I should become aware of any excessive noise coming from our apartment, I would take care of it. As a matter of fact, in the weeks to come I went as far as even keeping the music and TV volumes lower than usual and making sure the neighbor's car was gone before vacuuming the floors.

However, what started happening about two weeks ago totally caught me by surprise. The gentleman downstairs started banging (really heavy object) on his ceiling (around my kitchen/living room area) regularly several times a day at such times as 3pm and 7pm. Even though these outbursts would coincide with my children being active, I refused to believe what I was hearing and assured my family that the neighbor must be moving some heavy items downstairs or something of that nature (he does have a makeshift gym in the garage, so I figured he must be exercising at home now). My kids would become frightened of this loud and menacing noise and cried several times. Granted, my two-year-old does run around and jump but not beyond what would be expected and I believe comes with living in an apartment and having neighbors.

The situation came to a head at around 8:50PM last Thursday. The banging coming from downstairs became so violent, loud and insistent that it disrupted my family dinner and forced me to go down and talk to the gentleman. After I urged him to find a reasonable human-to-human solution, I was told that he apparently had already tried that before and that it didn't work. When I reminded him that we were really talking about a two-year-old running around, he responded by saying that it couldn't be a child but had to be "a man with your size feet" bouncing around the apartment. When I assured him that the noise ordinance allows activity till later than 9PM, he responded by asking where I got that information. Finally, when I asked him what he thought a solution should be, he said that "all noise needs to stop". When I said that we need to talk this reasonably, he said "do not come down to talk to me then" and shut the door in my face. When I wrote to my apt complex management the same night, the next morning the manager assistant informed me that the tenant talked to them already and asked to have him moved which they got an approval on almost right away.

Three days later, when he resumed banging again (again: a two-year old, running on heavily carpeted floor during daytime), I went downstairs and without knocking on his door, informed him that if he did that again, I would call the police. Which is... what he did right away. The police arrived and talked to him first, ordering me to stay inside, then came upstairs to talk to me. They were EXTREMELY nice - one of the officers lives on the property - but A)did ask me to be conscientious and B) did inform me of at least one lie the neighbor told them (according to nim, ehn he confronted me, I said: "for YOU, I will not keep it down").

Next day I got a call from the actual manager who was basically making open threats (and in doing so, joining the downstairs neighbor on this harassment spree) that if we did not stop "this" right away, action would be taken, that she is now on his constant stand-by and will come out and listen to to the noise coming from our apt as soon as he calls her (and will NOT use sound level meter), and will bring police if necessary and even hinted at terminating our lease if necessary. My pleas to come out right now and listen and see for herself that this is a non-issue did not have any effect on her. I did inform her that as soon as the banging resumes, I would call her to come out and listen to the noise coming from his apartment.

Please advice me on the course of action I need to pursue. I will really appreciate any and all advice.

Thank you
 


STEPHAN

Senior Member
So you are a tenant, right? (Not an owner.)

What kind of rental contract do you have? How does your contract renew?
 

houston13

Junior Member
So, you are at the end of your forth year and the contrat has not renewed yet. What does the contract say? Are you facing non-renewal?
I am afraid that the management will certainly opt for non-renewal if the situation as they see it does not resolve by then.
The one related passage that I see in my contract says:
"PROHIBITED CONDUCT.
You and your occupants and guests
may not engage in the following activities: [...] disturbing or threatening the rights,
comfort, health, safety, or convenience of others (including our
agents and employees) in or near the apartment community"
 

Gail in Georgia

Senior Member
Since you are at the end of your lease, you may be facing non renewal of your lease; such a move would simply be the easiest method for management to deal with this issue between two tenants.

However, the other tenant has requested to be moved, correct? If so (and this is possible), this will likely solve the issue. On your side you do have a four year history of being a stable and (I'm assuming) paying tenant while this complaining tenant is new to the rental property. I would remind management of your previous stable rental history with them.

Gail
 

RRevak

Senior Member
You could keep your child from jumping around...
I second this. You know you're already on managements radar and are potentially facing a non renewal of your lease. If they do choose to renew, then your only real option is to stop the indoor playing totally until the neighbor is moved. Keep all play, jumping, and loud noises an outside thing ONLY until the time you know the neighbor is gone and moved away. I know you feel you aren't being loud but the funny thing about being a parent is that our "loud" meters tend to dull a bit once we have kids. The same doesn't happen for others who are childless. You might think its just play but they might be hearing herds of elephants. Once the neighbor is gone life can continue on as normal.
 

CdwJava

Senior Member
People who move into apartment complexes with children - particularly if they move into a downstairs unit - need to be more tolerant of the bumps and noise that accompanies apartment living. I have found that older, single people seem to be far less tolerant than younger folks and those with kids. These things get ridiculous and we get calls to a few apartments weekly for similar sorts of issues.

I agree that management may opt to not renew the lease if they want an easy out to the situation. But, if you are fortunate, maybe they'll move your neighbor prior to the end of your lease and your past (assumedly) good tenant history will encourage them to renew your lease once the downstairs tenants has moved away.
 

FarmerJ

Senior Member
Should you end up moving what you may well want to do when viewing other rentals is to pick times of day when anyone who lives above the unit your seeing is likely home so you can hear it if they are walking around or doing routine noises, After doing a showing you can try to later with out the person who showed you the unit go door knocking at some of the apts and try to see if the other tenants will tell you if there is sound transmission issues your able to at least hear them. Last older structures even if they are called luxury may not have any sound proofing between units flooring , I suspect many newer buildings may well have some kind of insulation between units. But heres the deal do you want to stay on ? If you can make it into a lease renewal and this comes up again it may be time to just blast your Property manager into silence by telling them ` Ive heard enough , Ive done what any reasonable parent would do with a young child and now thats going to include speaking with my attorney about fair housing law.
 

Zigner

Senior Member, Non-Attorney
Should you end up moving what you may well want to do when viewing other rentals is to pick times of day when anyone who lives above the unit your seeing is likely home so you can hear it if they are walking around or doing routine noises, After doing a showing you can try to later with out the person who showed you the unit go door knocking at some of the apts and try to see if the other tenants will tell you if there is sound transmission issues your able to at least hear them. Last older structures even if they are called luxury may not have any sound proofing between units flooring , I suspect many newer buildings may well have some kind of insulation between units. But heres the deal do you want to stay on ? If you can make it into a lease renewal and this comes up again it may be time to just blast your Property manager into silence by telling them ` Ive heard enough , Ive done what any reasonable parent would do with a young child and now thats going to include speaking with my attorney about fair housing law.
Fair housing laws do not include the "right" to have your child jumping around the unit to the point that it disturbs the quiet enjoyment of other tenants.
 

STEPHAN

Senior Member
If you have been living there for 4 years you must have had other tenants below you.

Did they ever mention anything? Can you contract them and ask them? This might help with the LL.
 

Zigner

Senior Member, Non-Attorney
If you have been living there for 4 years you must have had other tenants below you.

Did they ever mention anything? Can you contract them and ask them? This might help with the LL.
4 years ago, there wasn't a 2 year old jumping around. ;) Heck, I'd bet that even 6 months ago there wasn't a kid jumping around.
 

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