What Can We Do?

[Going]

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

We have been in our current apartment since February 2016. The upstairs apartment has no carpet and the previous tenant continued to move her heavy furniture around day and night, way past 10pm. We finally said something to management and was told the furniture was too heavy to pick up and that they would try and be quiet. We told management if she can just not move it after 10pm, we would be happy. The previous tenant did nothing about NOT moving furniture after 10pm, and management finally started making excuses for her. This went on for 6-7 months until she finally moved.

Now we have another tenant who is not so much moving furniture, but she keeps making these bumping noises on the floor. After about 3 weeks, we finally asked management if they would talk to her about not doing whatever it is that she does after 10pm. She complied for a few weeks, then started up again. We complained to management who spoke with them, but they continued to do so. These two tenants have caused nothing but stress and frustration, and management was no help.

My ex decided that he was going to not pay rent and take them to court (which is coming up soon), because he felt that since we have been here, we have not been able to utilize our rights to a certain level of comfort. I have documentation of dates, time and conversation for both tenants.

Was he wrong in withholding the rent?

 

[STEPHAN]

Well the judge will tell you soon.

I would be very surprised if withholding rent would be okay.


If the place you picked is to loud, why did you not move when your contract was up?

 

[Gail in Georgia]

While Arizona does allow a tenant to withhold rent if a landlord does not adequately address REPAIR issues, this matter does not fall into this category.

It is likely the issue of you dealing with a tenant above you will soon end when you find yourself sitting on the curb with all of your property after being evicted for failure to pay rent.

Next time either rent a house, townhouse or an apartment on the top floor.

Gail

 

[FarmerJ]

Or to rent only units that are newer since they would have better odds of having been built with designs to reduce sound transmission between units. ( many rentals built pre energy crisis {arab oil crisis} were built or converted to current use with out any thought given as to blocking heating / cooling loss between units which had a side benefit once insulation was added between units they also became quieter ) You did not mention if there were ever any police reports about noise disturbances or not, holding the rent back is not a reasonable act pay it and court filing cost make darn sure to plan on showing up for court in case the LL did not notify the court that the matter is settled.