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  1. #1
    drearyone is offline Member
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    Sarcastic response from loud neighbor. Logical options requested

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

    I have lived in a small eight unit apartment with thin walls for the last 19 years, and have been mostly lucky until October, 2009.

    This is when a couple who appear to be in their 40's, along with a teenage daughter, moved next door. They brought along a powerful sound system.

    The bass from their speakers is especially annoying. It thunders through my walls. The music is nearly always played at a high volume. On a few occasions, the volume has been ridiculously loud.

    Over 90% of the time the man is alone listening to the music, although on occasion, his daughter who lives there part time is blasting it with her friends. There have also been a couple small parties.

    One day in February 2010, the music was so loud you hear it down the street. It literally sounded like a band was practicing in their unit.

    I had had enough, and knocked on his door for him to lower it. It was so loud that he did not answer the door because he did not hear me knock. I went back later to ask he lower the volume in the future. He just said "OK".

    For the next 14 months, the ridiculously loud volume was repeated maybe three more times, but nevertheless, his stereo has still been played at a high volume that is not reasonable for our complex. The elderly couple downstairs is also annoyed by them.

    The last couple months the music has been more frequent.
    There is no pattern to the time frame, I have heard annoying sounds as early as 8:30 AM, and as late as 1 AM, although the speaker volume is more tolerable after 10:00 when their action movies and/or play station still come thundering through the speakers nonetheless.

    The landlord lives on the other side of them, otherwise it would be much worse I am sure. I think he knows enough to keep it down when the landlord is home.

    I had been trying to decide if I should have the landlord talk to them, or if I should try encountering him again directly.

    I have refrained from either for these last 14 months, but again I decided today that I had had enough, especially since the music is heard about three hours at a time.

    On my way out, I knocked on his door to request lower volume, although I told him it not matter at this moment since I was on my way out.

    He sarcastically looked at his wrist without a watch and exclaimed " It's not 10:00 bro."
    I told him that I had been trying hard not to bug him about it, but that the music was coming through my walls and requested him to lower it next time.
    He just stared at me and shook his head up and down with quick terse movements, but did not respond verbally, He was obviously annoyed.

    I would like advice on what my next move should be if he does not comply, or even tries to annoy me more to teach me a lesson?

    Should I talk to the landlord before anything else? What next if the landlord does not comply or fails me?

    What semantics should I use when talking to the landlord?

    The landlord and the offenders are more alike ethnically and culturally than I am with either of them, and I have seen them engage in friendly conversation, so my semantics are particularly important.

    Thanks in advance.

    PS. I have thought about moving, but rent this cheap will be hard to find, and my wages barely keep me above the povery line.
    Last edited by drearyone; 04-02-2011 at 01:15 AM.
  2. #2
    OHRoadwarrior is offline Senior Member
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    consult law enforcement for local noise ordinances. Ask what burden of proof you need to meet for prosecution.
    -tranquility "I saw mitchellsden farkeling repeatedly on October 10"

    It is pretty amazing that our society has reached a point where the effort necessary to extract oil from the ground, ship it to a refinery, turn it into plastic, shape it appropriately, truck it to a store, buy it and bring it home, is considered less effort than what it takes to just wash the spoon, when you are done with it.
  3. #3
    debtcollector` is offline Senior Member
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    ### I am not a lawyer. If I were a lawyer, I would not be your lawyer. You are getting advice from anonymous people on the internet -- talk to a local attorney and/or research for yourself before taking any action. ###
  4. #4
    ecmst12 is offline Senior Member
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    Noise is part of life in an apartment complex. If you don't like it, move into a single family home where you don't share walls with anyone else.
    DISCLAIMER: THIS IS MY SIGNATURE. IT IS NOT DIRECTED AT YOU PERSONALLY.

    Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

    -Auto insurance adjuster for 2 years.
    Quote Originally Posted by CreativeBlock View Post
    If it matters, Ecmst12, I have never seen you be anything other than kind and compassionate.
  5. #5
    drearyone is offline Member
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    Quote Originally Posted by ecmst12 View Post
    Noise is part of life in an apartment complex. If you don't like it, move into a single family home where you don't share walls with anyone else.
    Reasonable noise is part of living in an apartment. This is not reasonable.

    Other solutions should exist other than just putting up with it or having to move.
  6. #6
    cbg
    cbg is offline Senior Member
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    So check out the noise ordinances, as was suggested. If they're being violated, take it to the landlord.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  7. #7
    applecruncher is offline Senior Member
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    The landlord and the offenders are more alike ethnically and culturally than I am with either of them, and I have seen them engage in friendly conversation, so my semantics are particularly important.


    . . . just shaking my head . . .
    .
    .
  8. #8
    sally1 is offline Member
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    If there are laws against noise levels you can file a complaint with the police.Usually it is just for specific hours,and often the police need to hear it when they are called out.

    Eventually they might be fined,but sometimes nothing is done.Sometimes the police get tired of YOU calling them to complain.

    Your only hope is that they move,and if not then you will need too. The tenant and landlord have made it clear they do not care that the noise bothers you.
  9. #9
    usafdrew is offline Member
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    I think the option to just move is rediculous based on what the OP described. The excessive noise is obviously a nuisance. Isn't that what ordinances are for are to restrict nuisances so people can live peacefully? To the OP I think it's time to take full advantage of the law and next time the music is blasting so one can hear it down the street, discreetly call the cops so they can witness. If the public servants in your area are worth anything, they will take it seriously and issue a warning. While the neighbor will surely have it out for you afterwards, they know you mean business. Like they saying goes, you can't please everyone so let them hate you.
  10. #10
    drearyone is offline Member
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    Quote Originally Posted by applecruncher View Post


    . . . just shaking my head . . .

    Ah yes... what an awful racist I am for daring to suggest that there might actually be a relationship between ethnic and cultural similarity and the side one takes, and that this is something that might have to be considered when contemplating ones approach to the matter.

    Overall however, I appreciate the feedback.

    There has been no incidence after four days, but this is not unusual.

    Disturbances have run the gamut from four noisy days in a row to a month of peace and quiet.

    I did go to the police immediately after the incident to discuss the matter, but not to file a complaint. I did not give my name and address.
    I merely wanted their advice on what to do if there is no compliance.

    They told me to document each incident and call them if it continues.


    I have been doing this already for nearly 18 months, and have documented 82 disturbances.

    The landlord has not taken sides because I have not complained to him.

    I chose to approach the offender first, although this goes against the grain.
  11. #11
    milspecgirl is offline Senior Member
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    does the lease or rules state anything about noises?
    i would take the log book to the landlord the next time it happens and state that you have tried to speak with the neighbor, ignore it, etc. However, nothing has worked. Ask the LL to please become involved and then state that you have spoken to the police to find out the laws on this and that you hate to involve them, but that it is becoming a serious issue.
    Is the LL the actual owner or just a manager? Maybe you should go to the owner?
  12. #12
    drearyone is offline Member
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    It has now been three weeks since first my confrontation with the neighbor, and today marks the first major distraction since then.
    There was a disturbance two weeks ago, but it only lasted 30 minutes.
    I learned from another tenant here that the offender and the landlord are indeed friends. I caught a glimpse of them talking the other night, and the offender seemed to nod my way when I was outside. I was probably a topic of conversation.

    Generally speaking, the landlord is a decent guy, but the owners are very cheap, and do not care about pleasing us. They only take care of emergencies.
    My other neighbor is convinced the owners will do nothing , and I agree.

    I am pleased, however, that this neighbor on the other side of me, who does not even share a wall with the offender, is "at her witt's end" regarding his music.
    This means that of the six tenants other than the landlord and the offender, three of us are disturbed. At least I have some support.

    I would like to get the police's opinion on whether they think a noise ordinance has been violated, but I do not want the offender to notice a police car going by, or he might exact some revenge.

    Do p0lice officers drive by in umarked vehicles and in civilian clothes to check out disturbances undercover?
    If so, I might request this.

    Otherwise, since this is the first major violation in three weeks, I will not yet speak to the landlord, but it will probably be my next move if this is the beginning of a heavy disturbance cycle.

    I got home at 4:15 today, and my neighbor said the music had been going on for an hour.

    It is now 6:35, and it is still going on. He did seem to drop the volume down about 25% when another neighbor came home, but it is still disturbing.
    Last edited by drearyone; 04-22-2011 at 07:37 PM.
  13. #13
    csi7 is offline Member
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    We handled this problem with the help of a teenage band willing to come over and play their music for an hour (got approval of other neighbors first).
    After that, when the music started getting too loud, a tape of the teen's band was played facing the offender's wall. (Muffled behind all the speakers in the room where stereo was)
    It took a couple of times before the offending neighbor turned down their music.
    A recording of the loud music being played was made prior to the teenage band coming over.
  14. #14
    linkavb is offline Junior Member
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    Quote Originally Posted by drearyone View Post
    Reasonable noise is part of living in an apartment. This is not reasonable.

    Other solutions should exist other than just putting up with it or having to move.
    I've had similar problem when I lived in apartment complex before I purchased single family home. The loud music in apartments became sooo bad that I was ready to run anywhere.

    The way I was fighting with him (my naighbor) was : 1. Knock on door, asked - continued playing
    2. At 1:30 a.m. called 911 reported of his behavior
    3. At 1:45 it stopped.

    Next day - loud music rumbling through walls at 2 a.m.
    - called 911 again
    - he called police on me because when I was closing door in evening I loudly shut my door. I received Police Officer's warning

    Day 3, I wrote a letter to Apartment's office on Manager's name (attached 2 police reports).

    Day 4. He was forced to move out due to other police reports from other naighbors on him.

    Warning : -----If I were you, I would not go and approach him directly any more. You've asked him twice already. He continues to do so. Write a letter attention to Manager's/owner's name of apartment complex and include a police report with your letter. Make copies of everything you do and fight with him in written form because it becomes a document and not verbally because it's your word against his.

    Obtain report form every police arrival then give notice to office : Either you terminate your lease due to lack of their participation in that matter, of they move out or stop playing their music.

    Altho they will be allowed to play from 8 a.m. - 10 p.m. and I know this can be annoying as hell. I suggest for you to look for new apartment. When searching for new apartment visit it on several occassions at several times to see if there's a noise/domestic violance there going on.
  15. #15
    drearyone is offline Member
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    Well, it has been nearly six months.

    The noise violations have become more frequent, but less severe, although "less" severe is relative as the bass sounds are still annoying.

    Lately, the family's loud surround sound action movies at night has been a larger problem than the bass from music, although this morning I was home at 10:30 and there was loud music.

    I mentioned their loudness to the landlord for the first time two weeks ago while they were watching a very loud movie.
    I caught him outdoors coming up the stairs and asked him " Doesn't the sound from next door bother you?" He replied " I don't here anything in my bedroom."
    The landlord lives with his wife, a grown son, and a young daughter in 3rd grade. His bedroom is on the opposite side of his apartment away from the den. My bedroom, however, is on the same side of the den, so my bedroom does not provide the escape that his does.
    He was on the cell phone while I spoke with him, so I merely turned my head in disgust and walked away.
    I suspect that either he or his family are truly not bothered by the music, or, maybe the landlord is afraid of the offender.
    I did learn from my other neighbor that the offender is a former felon, and that his son and his broher are in jail.
    I also learned that the landlord had recently developed a strained relationship with the owner, who happens to be his sister-in-law, so maybe the landlord does not care if the tenents are upset or not.
    Since there are also parking issues which I will discuss in another thread, I suppose it is time to go.
    Only cheap rent and my adopted stray cats have kept me here, but I suppose if I move nearby, I can still come feed them.

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