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11-11-2008, 12:06 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 2
| |  Noisy Upstairs Neighbor
 Ohio
I have been having trouble with a tenant that moved in above me in June 2008. She moved in at 10:00 at night and then proceeded to move furniture around all night long...at 3:30 am I called the police. Since then, she has constantly stomped around and banged on the floors and walls. I would bang on the ceiling and walls to quiet her. She has written a complaint to the office about me two times....I have also written complaints to the office concerning her noise....the office manager is always defending her and now is telling me after the written complaint I turned in over the weekend that I have to move to another apartment. I have lived here for 2 years and have never had any problems with any other person in this building. Even the woman that lived up above me before was reasonable about making noise and I never had any problem with noise from her.
The property manager does not take any action against her when I write a complaint to the office regarding her noise. Instead, she calls me and says I am the harasser because I knock on the ceiling and walls to quiet her down. She seems to have more rights here in the 6 months she been here more than I do after being here for 2 years. I did say I would consider moving if there was chance that I could move to another complex by the same company. She told me that was possible, but that I could not forward my security deposit to them. This does not seem fair considering I am being told to move and have to go through the expense of moving out!! What rights do I have in this situation? I have not done any damage to my apartment, so there would be no reason for them to keep it. Should I wait for them to evict me if they won't let me move to another location and forward my security deposit?  |
11-11-2008, 09:03 AM
| | Member | | Join Date: Jul 2007
Posts: 944
| | | Instead of banging on the ceiling you should have talked to her. She's not a rat in a cage! It may be too late, but I would try to make peace.
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11-11-2008, 05:28 PM
| | Senior Member | | Join Date: Oct 2007
Posts: 2,138
| | | i suggest you move to an upstairs apartment |
11-12-2008, 01:19 PM
| | Member | | Join Date: May 2007
Posts: 435
| | Quote:
Originally Posted by trc6046  Ohio
I have been having trouble with a tenant that moved in above me in June 2008. She moved in at 10:00 at night and then proceeded to move furniture around all night long...at 3:30 am I called the police. | Can you come up with at least two reasons why this was incredibly rude? |
11-12-2008, 10:10 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 2
| |  Just to get it straight....
So help me to understand. If you live on a second floor, you can make all the noise you want to harass the people living below you....and then complain to the office when they make noise back and they'll get in trouble...not you. That's interesting. I guess the world is full of rude and discourteous people that love to make life miserable for everyone else. Maybe I will get a second floor apartment and stop caring about my neighbors. Thanks for the advice.  |
11-12-2008, 11:56 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,830
| | Quote:
Originally Posted by trc6046 Ohio
I have been having trouble with a tenant that moved in above me in June 2008. She moved in at 10:00 at night and then proceeded to move furniture around all night long...at 3:30 am I called the police. Since then, she has constantly stomped around and banged on the floors and walls. I would bang on the ceiling and walls to quiet her. She has written a complaint to the office about me two times....I have also written complaints to the office concerning her noise....the office manager is always defending her and now is telling me after the written complaint I turned in over the weekend that I have to move to another apartment. I have lived here for 2 years and have never had any problems with any other person in this building. Even the woman that lived up above me before was reasonable about making noise and I never had any problem with noise from her.
The property manager does not take any action against her when I write a complaint to the office regarding her noise. Instead, she calls me and says I am the harasser because I knock on the ceiling and walls to quiet her down. She seems to have more rights here in the 6 months she been here more than I do after being here for 2 years. I did say I would consider moving if there was chance that I could move to another complex by the same company. She told me that was possible, but that I could not forward my security deposit to them. This does not seem fair considering I am being told to move and have to go through the expense of moving out!! What rights do I have in this situation? I have not done any damage to my apartment, so there would be no reason for them to keep it. Should I wait for them to evict me if they won't let me move to another location and forward my security deposit? | What she is saying is that it would be possible for you to transfer to another unit with the same Co.
Your deposit stays with the Co.
All you have to do is move .
We had such a tenant above us , but She had a case manager , they management staff had meetings , and the tenant finally agreed to move in another unit .
Now there's new tenants that move furniture around .
Moving furniture around would not rise to the level to evict .
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11-13-2008, 12:00 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,154
| | Quote:
Originally Posted by trc6046 She moved in at 10:00 at night and then proceeded to move furniture around all night long...at 3:30 am I called the police. | Nice welcome to the neighborhood
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11-13-2008, 12:04 AM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,830
| | | Most complexes and LL's require tenants to only move in during certain daylight hours , so as NOT to disturb other tenants .
Some tenants abuse that directive though .
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11-13-2008, 10:38 AM
| | Member | | Join Date: May 2008 Location: Heart of America
Posts: 229
| | | Does your lease say anything about tenant behavior/expectations?
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I am not an attour... atturn... attern... a lawyer. Quote:
Originally Posted by vabapesta i dont understand this forum...everyones a pr*ck ... change the name from freeadvice to freecriticism... | |
11-13-2008, 12:28 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,830
| | Quote:
Originally Posted by Roo Does your lease say anything about tenant behavior/expectations? | Even if the lease does have said clause ( it could be a well written lease to CMA one ) , often times the LL/management disregards it .
Then the tenant is left with calling the police on noise violation covered under the code .
Then if the tenant can obtain and show frequent and/or continuous violations that the offenders are a nuisance , they could consult a local attorney on their rights of " constructive eviction "
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“Seek advice but use your own common sense”
Last edited by BL; 11-13-2008 at 01:11 PM.
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11-13-2008, 12:34 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote: |
So help me to understand. If you live on a second floor, you can make all the noise you want to harass the people living below you....and then complain to the office when they make noise back and they'll get in trouble...not you.
| No one said anything like that. Quote: |
That's interesting. I guess the world is full of rude and discourteous people that love to make life miserable for everyone else. Maybe I will get a second floor apartment and stop caring about my neighbors. Thanks for the advice. | Having suffered through the same thing you did a long time ago, I'll tell you what I did: mediation and ear plugs.
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11-13-2008, 01:29 PM
| | Member | | Join Date: May 2007
Posts: 435
| | Quote:
Originally Posted by trc6046 I guess the world is full of rude and discourteous people that love to make life miserable for everyone else. | Yeah, they do things like calling the cops on their neighbors without having the common courtesy to attempt to resolve an issue face to face like non-jerks do. | |
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