Noisy Neighbor moved...ABOVE US

[OHIOGUY44095]

What is the name of your state?Ohio

We live in an apartment building and our (former) next door neighbor had a habit of playing rock music (and some crappy ones at that LOL) every weekend very loudly. It was LOUD...as soon as you opened the door into the hallway from the staircase, for example, you'd think you were in a club or bar it was that loud. Sometimes it was Friday AND Saturday AND Sunday, but it was always every Saturday night, at least. A couple of times it went until almost 1am. My wife called the police once or twice. I have documented this complaint about 3 times over the past 14 months. Finally in late-July, I complained in writing for the last time. Each time stated the specific language in the contract about noise. Now, this guy has moved, but within the apartment complex to the apartment DIRECTLY ABOVE US!

Well, last night, he resumed his loud music playing.

Incidentally, over a year ago, I had the same problem with another tenant who was eventually evicted.

Should've this guy been evicted? The language in the lease is pretty clear. So is the Ohio law on this I've done some basic researching. Technically, he might have been "evicted" from his old apartment and allowed to start a "new lease" in a new apartment. But, having his noise complaints on record (including a police report or two) and the landlords allowing him to move in the aparment DIRECTLY ABOVE US, is pretty balsy to say the lease.

There was one instance where the landlord came up and heard for herself how loud the music was (she thought we were making it up). She realized that the music was loud and addressed it. Plus, when we have complained in the past, including the most recent, the landlord has stated that WE complained (when it could've come from the people on the other sside

I can't believe the landlord allowed this. I am sure this is a sign to chase us out, but doesn't this move (allowing him to move above us) just make the situation for worse for THE LANDLORD if the noise and complaints continue? The landlord is pretty much allowing him to continue to disturb my quality of living. I haven't inquired yet with the landlord to see if he was evicted or if he asked to move on his own freewill.

I am wondering, what recourse do I have? Right now, moving is not an option, but then again, we shouldn't have to because WE weren't breaking any rules of our lease. I've read a small claims lawsuit, but I didn't go through with monitoring sound levels, recording, etc. Quite frankly, the complaints should stand on their own, along with the police report(s) and the fact that the landlord heard, first-hand, the loudness of the music.

Could I file against the landlord and tenant? Or if I do move before the lease is up, insist on my entire deposit being refunded? Or even demand to be reimbursed for moving expenses, etc?

Thanks for any help.

 

[FarmerJ]

start all over again calling the police more often than you did in the past . you need more of a paper trail ill bet before you can prove that your LL has breached the lease . you might get lucky and maybe your LL will offer you another unit that will be much quieter if the LL really wants to keep you .

 

[JETX]

Should've this guy been evicted?

Possibly.

I am sure this is a sign to chase us out, but doesn't this move (allowing him to move above us) just make the situation for worse for THE LANDLORD if the noise and complaints continue?

One would think so.

I am wondering, what recourse do I have? Right now, moving is not an option, but then again, we shouldn't have to because WE weren't breaking any rules of our lease. I've read a small claims lawsuit, but I didn't go through with monitoring sound levels, recording, etc. Quite frankly, the complaints should stand on their own, along with the police report(s) and the fact that the landlord heard, first-hand, the loudness of the music.

Obviously, your intent is to try to force the landlord to evict the noise-maker, however, you have NO legal basis for that.
Your only real options are:
- Continue to live with the problem, or
- Contact the police and/or landlord EVERYTIME there is a valid complaint, and/or
- Send the landlord a very nice letter advising him/her that they need to contact you within FIVE days of receipt to determine what actions, if any, they are taking or going to take to remove the 'problem'. Otherwise, you will consider their inaction a breach of their obligation to allow you 'peaceful enjoyment' of the leased property. If you do this, send it be certified mail. Do NOT expect immediate results as even an eviction could take a few weeks.

 

[stevek3]

What is the name of your state?Ohio

We live in an apartment building and our (former) next door neighbor had a habit of playing rock music (and some crappy ones at that LOL) every weekend very loudly. It was LOUD...as soon as you opened the door into the hallway from the staircase, for example, you'd think you were in a club or bar it was that loud. Sometimes it was Friday AND Saturday AND Sunday, but it was always every Saturday night, at least. A couple of times it went until almost 1am. My wife called the police once or twice. I have documented this complaint about 3 times over the past 14 months. Finally in late-July, I complained in writing for the last time. Each time stated the specific language in the contract about noise. Now, this guy has moved, but within the apartment complex to the apartment DIRECTLY ABOVE US!

Well, last night, he resumed his loud music playing.

Incidentally, over a year ago, I had the same problem with another tenant who was eventually evicted.

Should've this guy been evicted? The language in the lease is pretty clear. So is the Ohio law on this I've done some basic researching. Technically, he might have been "evicted" from his old apartment and allowed to start a "new lease" in a new apartment. But, having his noise complaints on record (including a police report or two) and the landlords allowing him to move in the aparment DIRECTLY ABOVE US, is pretty balsy to say the lease.

There was one instance where the landlord came up and heard for herself how loud the music was (she thought we were making it up). She realized that the music was loud and addressed it. Plus, when we have complained in the past, including the most recent, the landlord has stated that WE complained (when it could've come from the people on the other sside

I can't believe the landlord allowed this. I am sure this is a sign to chase us out, but doesn't this move (allowing him to move above us) just make the situation for worse for THE LANDLORD if the noise and complaints continue? The landlord is pretty much allowing him to continue to disturb my quality of living. I haven't inquired yet with the landlord to see if he was evicted or if he asked to move on his own freewill.

I am wondering, what recourse do I have? Right now, moving is not an option, but then again, we shouldn't have to because WE weren't breaking any rules of our lease. I've read a small claims lawsuit, but I didn't go through with monitoring sound levels, recording, etc. Quite frankly, the complaints should stand on their own, along with the police report(s) and the fact that the landlord heard, first-hand, the loudness of the music.

Could I file against the landlord and tenant? Or if I do move before the lease is up, insist on my entire deposit being refunded? Or even demand to be reimbursed for moving expenses, etc?

Thanks for any help.

From the sound of it, you're not going to get anywhere with the landlord. Are you current with your rent? Do you have a solid record of your WRITTEN notices to the landlord? If yes, then on the first day of the month, which is when I assume your rent is due, deposit your rent in escrow with the municipal court. You say that moving is not an option, so this is your only alternative.

 

[JETX]

deposit your rent in escrow with the municipal court. You say that moving is not an option, so this is your only alternative.

And of course, you are wrong AGAIN!!!
The municipal court won't accept the rent payment without at least some legal process in place. I doubt that they are in the 'business' of simply accepting rent payments from unhappy tenants.
The only REAL options are listed in my post.

 

[stevek3]

And of course, you are wrong AGAIN!!!
The municipal court won't accept the rent payment without at least some legal process in place. I doubt that they are in the 'business' of simply accepting rent payments from unhappy tenants.
The only REAL options are listed in my post.

HUH??? Are you sure you haven't been on hiatus since oh...I don't know...1952?

The tenant said the quiet enjoyment provision is in the rental agreement. The tenant then did exactly what was required under ORC 5321.07(A). Evidently, the landlord failed to remedy the situation under ORC 5321.07(B). So, the tenant can now opt to deposit rent in escrow with the clerk of courts as expressly permitted under ORC 5321.07(B)(1). Plain and simple.

It would really be appreciated if you would finally stop talking out of your hat.

Original poster: Take my suggestion. I've seen it done many times, usually involving maintenance issues, sometimes involving issues very similar to yours. It will be in your benefit to deposit the rent in escrow. Otherwise, you'll have to keep hearing Snoop Dogg at 3:00 A.M. In college, I used to be subjected to AC/DC's album "Highway to Hell" at 3:00 A.M. A very good album, the last one with Bon Scott. But not at 3:00 A.M.

 

[Dash8Driver]

In college, I used to be subjected to AC/DC's album "Highway to Hell" at 3:00 A.M. A very good album, the last one with Bon Scott. But not at 3:00 A.M.

True that, true that . Could you be so kind as to define escrow?

Thanks!

D8D

 

[OHIOGUY44095]

I appreciate the advice (but not the bickering within MY thread ) I didn't think an escrow was an option because my understanding it that this whole process had to be a lot "deeper" before it could even get to that.

What I am going to do is continue to call the police each and every time. This past Saturday, we were about to call, he stopped for the night.

BUT, one thing I will do is go to the landlord is seriously question the move. I don't care if the guy moved within the building, but he was a problem next to us. Even the smartest person in the world should realize putting them ABOVE the person who's been complaining about your noise for over a year isn't a good move, either.

Yes, I am current with the rent -- always have paid it on time. Personally, we have NO intent on staying here when our lease it up in several months, but we still should not have to continue to put up with this, even though we have no plans to stay.

I am going to ask the LL about changing our lease to month-to-month, effective immediately, with NO increase in rent, given their actions. I will also take it up with their boss...the people who own the property. I will also let them know (or remind them) of the several calls to police and several written complaints in regards to this person. In addition, I'll also let them know that if I have to continue to call the police because of this, I will consider legal recourse since they are not doing anything to alleviate the situation (and moving the tenant ABOVE us is NOT relieving the situation).

I think it's BS that tenants continue to get screwed and have to bend over backwards and then some -- and landlords pretty much can do what they want until action can be taken against them for not following their OWN rules (i.e. the lease).
Maybe I should be a landlord.
Only one problem...I am not white-trash & uneducated like many of them are, to be a landlord.

 

[JETX]

The tenant said the quiet enjoyment provision is in the rental agreement. The tenant then did exactly what was required under ORC 5321.07(A).

Gee, and I guess you missed the part in there that says "IF A LANDLORD FAILS TO FULFILL ANY OBLIGATION IMPOSED ON HIM by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid."
Or the FACT that a pre-notice MUST be given to the landlord.
And the FACT that any previous notice would not apply as the complaint is now about ANOTHER apartment (even if the same tenant).

Evidently, the landlord failed to remedy the situation under ORC 5321.07(B).

Evidently, you can't seem to understand that the writer has NOT taken the required steps to enable the protections you now seem to be ASSuming apply.

So, the tenant can now opt to deposit rent in escrow with the clerk of courts as expressly permitted under ORC 5321.07(B)(1). Plain and simple.

Yep, plain and simple... IF the writer has met ALL of the requirements noted in the statute. There is NOTHING in the post to even suggest that this has been done.

It would really be appreciated if you would finally stop talking out of your hat.

And a lot of us wish you would quit talking out your ass!! You are simply legally ignorant, without ANY legal education or knowledge and inable to understand the simple concepts of legal issues. Yet, you continue to spout your error-filled drivel on this forum..... and yes, I will continue to come along after you and note your mistakes.

I've seen it done many times, usually involving maintenance issues,

Agreed..... and those issues are VERY easy to fall into this situation. However, noise complaints are very different.... and subject to some very narrow considerations.... unlike easy 'maintenance issues'.

 

[You Are Guilty]

Incidentally, having been through a similar situation myself both in college and later in life, most people who are so ignorant to blast their music/TV/whatever at all hours are likely not going to respond to the legal remedies available to you.

For example, the raging stoners who liked to party above our college apt. and didn't even pay rent weren't too concerned when the landlord threatened them. However, when we went up there one night at 4am after the 58th playing of the latest "Phish" album to introduce them to our friend Mr. Louis Ville Slugger, amazingly, they managed to figure out where the volume knob on their radio was (Unfortunately, it turned out the volume knob landed on the front lawn, whereas the rest of their stereo actually bounced into the street.)


I am specifically NOT advocating such measures - the above information is for entertainment purposes only. You never know who's got a gun these days. (Of course, those people probably have cable/telephone/electrical wires accessible to the public, but that's another post entirely.)

 

[stevek3]

Gee, and I guess you missed the part in there that says "IF A LANDLORD FAILS TO FULFILL ANY OBLIGATION IMPOSED ON HIM by section 5321.04 of the Revised Code, other than the obligation specified in division (A)(9) of that section, or any obligation imposed upon him by the rental agreement, if the conditions of the residential premises are such that the tenant reasonably believes that a landlord has failed to fulfill any such obligations, or if a governmental agency has found that the premises are not in compliance with building, housing, health, or safety codes that apply to any condition of the premises that could materially affect the health and safety of an occupant, the tenant may give notice in writing to the landlord, specifying the acts, omissions, or code violations that constitute noncompliance. The notice shall be sent to the person or place where rent is normally paid."
Or the FACT that a pre-notice MUST be given to the landlord.
And the FACT that any previous notice would not apply as the complaint is now about ANOTHER apartment (even if the same tenant).


Evidently, you can't seem to understand that the writer has NOT taken the required steps to enable the protections you now seem to be ASSuming apply.


Yep, plain and simple... IF the writer has met ALL of the requirements noted in the statute. There is NOTHING in the post to even suggest that this has been done.


And a lot of us wish you would quit talking out your ass!! You are simply legally ignorant, without ANY legal education or knowledge and inable to understand the simple concepts of legal issues. Yet, you continue to spout your error-filled drivel on this forum..... and yes, I will continue to come along after you and note your mistakes.


Agreed..... and those issues are VERY easy to fall into this situation. However, noise complaints are very different.... and subject to some very narrow considerations.... unlike easy 'maintenance issues'.

First, I don't have any legal education? Uhh...O.K.

Second, Sparky, the statute plainly states "or any obligation imposed upon him by the rental agreement." What about that sentence do you not understand? The guy already said that the provision is in his rental agreement.

Third, even if it was not in his rental agreement, arguably he could STILL deposit his rent in escrow. Read a hornbook or two. White's Ohio Landlord Tenant Law, for one, is very good. As part of my subscription to Baldwin's and West, I've been getting it since the year the Pilgrims landed in Columbus and offered the scalp of Woody Hayes to the Indians. White comes out with a revised edition every year, so know-it-alls like you will be able to keep abreast of what in the hell is going on in the great Buckeye State that doesn't otherwise involve payola to football and basketball players.

Fourth, the guy said he gave the landlord the written notice as required by the statute. Precisely what did you not understand about his post?

Fifth, I'll let you in on a little secret, Debbie: Back in 1982, I had the exact same problem as this guy is having. So, at my wits end, not wanting to move again and completely out of options, I decided to deposit my rent in escrow. Within 90 days, my problem was permanently solved.

Sixth, maybe you should strongly consider taking more than the states's minimum requirement of continuing education courses. Man, it sure as hell couldn't hurt.

 

[BelizeBreeze]

First, I don't have any legal education? Uhh...O.K.

CASE CLOSED!

 

[stevek3]

True that, true that . Could you be so kind as to define escrow?

Thanks!

D8D

The Clerk of Courts holds the rent until the issue is resolved between the parties and/or a determination is made by the Court as to who is entitled to how much of the deposited rent. It doesn't cost the tenant anything out-of-pocket in the way of court costs to deposit rent in escrow. 1% of the rent deposit is paid to the Clerk as costs. Rent escrow is the only real leverage that an Ohio tenant possesses against an apathetic or scoundrel landlord.

 

[stevek3]

CASE CLOSED!

And what case would that be, Shorty? Guitar case? Case of Schlitz? I'm confused.

 

[stevek3]

Incidentally, having been through a similar situation myself both in college and later in life, most people who are so ignorant to blast their music/TV/whatever at all hours are likely not going to respond to the legal remedies available to you.

For example, the raging stoners who liked to party above our college apt. and didn't even pay rent weren't too concerned when the landlord threatened them. However, when we went up there one night at 4am after the 58th playing of the latest "Phish" album to introduce them to our friend Mr. Louis Ville Slugger, amazingly, they managed to figure out where the volume knob on their radio was (Unfortunately, it turned out the volume knob landed on the front lawn, whereas the rest of their stereo actually bounced into the street.)


I am specifically NOT advocating such measures - the above information is for entertainment purposes only. You never know who's got a gun these days. (Of course, those people probably have cable/telephone/electrical wires accessible to the public, but that's another post entirely.)

Agreed. Which is precisely the reason an Ohio tenant will place the ball firmly in the landlord's court. The landlord's rent collects dust and mold with the Clerk of Courts until the landlord fixes and/or removes the problem.