From Chicago...
To start with, my husband and I are heavy sleepers but are regularly getting less then 4 hours sleep/night. We are also friendly neighbors & are trying very hard to maintain positive relationships. Our upstairs neighbors consist of a family of 4--parents + 2 adult sons (over the age of 18- the eldest is around 25-30, I believe) in a 2 bedroom with all hardwood floors (it's a rehab with original floors). We have owned our condo for almost 3 years now and from the first day we moved in, nighttime noise has been very deleterious to our sleep. When we first moved here we were coming from a 2 year stint in the Dominican Republic, where noise was a constant issue--so when we moved into our first condo we didn't realize that there was actually something we could do to prevent nighttime noise. For this reason, we didn't start complaining about the noise until a year 1/2 after we moved in. (**As it turns out, the previous owner sold because of the noise & conflicts with these neighbors--wasn't it illegal of her to sell without disclosing these conflicts??? Is it too late to bring her into this?)
We started complaining by politely informing them that we couldn't sleep. The eldest son's bedroom is above ours & he is around 300 pounds & a "heel walker." Regardless of where he's at in the house, our whole floor in all rooms shakes. Creaks are incredibly loud. He is also an insomniac and very active at nights--pacing between the hours of 12am-7am. NONSTOP. This is making us crazy--getting very little sleep & being unproductive during the days because of sleep deprivation!
We purchased a noise machine a few months ago, use industrial earplugs and sleep with pillows over our heads. This helps with "normal" noise levels but the heavy stomping/moving things around directly above our room at nights can still be pretty loud even through all these barriers. We were sleeping better with this + the son's agreement to do his nighttime pacing in another part of the house, but it seems this agreement has lapsed as lately the nighttime overhead noise has started back up again. We started to complain again but the son is very volatile and we are afraid in our interactions with him--he threatened to beat up my husband when he told him his farts wake us up (our whole floor vibrates) and then lunged at him the next time Drew complained. In order to avoid another intense conversation with the son we explained the situation to our board, asking if they could require them to get carpets or get them to help pay for soundproofing the floors. Their only reply was "we're sorry for your problems--with no indication they could help with anything.
What legal actions can we pursue, with either the board (of which I'm a member!) or our neighbors? Can we take them to small claims court for financial help getting the ceilings soundproofed?? Help!!
What is the name of your state (only U.S. law)? Chicago, IL
To start with, my husband and I are heavy sleepers but are regularly getting less then 4 hours sleep/night. We are also friendly neighbors & are trying very hard to maintain positive relationships. Our upstairs neighbors consist of a family of 4--parents + 2 adult sons (over the age of 18- the eldest is around 25-30, I believe) in a 2 bedroom with all hardwood floors (it's a rehab with original floors). We have owned our condo for almost 3 years now and from the first day we moved in, nighttime noise has been very deleterious to our sleep. When we first moved here we were coming from a 2 year stint in the Dominican Republic, where noise was a constant issue--so when we moved into our first condo we didn't realize that there was actually something we could do to prevent nighttime noise. For this reason, we didn't start complaining about the noise until a year 1/2 after we moved in. (**As it turns out, the previous owner sold because of the noise & conflicts with these neighbors--wasn't it illegal of her to sell without disclosing these conflicts??? Is it too late to bring her into this?)
We started complaining by politely informing them that we couldn't sleep. The eldest son's bedroom is above ours & he is around 300 pounds & a "heel walker." Regardless of where he's at in the house, our whole floor in all rooms shakes. Creaks are incredibly loud. He is also an insomniac and very active at nights--pacing between the hours of 12am-7am. NONSTOP. This is making us crazy--getting very little sleep & being unproductive during the days because of sleep deprivation!
We purchased a noise machine a few months ago, use industrial earplugs and sleep with pillows over our heads. This helps with "normal" noise levels but the heavy stomping/moving things around directly above our room at nights can still be pretty loud even through all these barriers. We were sleeping better with this + the son's agreement to do his nighttime pacing in another part of the house, but it seems this agreement has lapsed as lately the nighttime overhead noise has started back up again. We started to complain again but the son is very volatile and we are afraid in our interactions with him--he threatened to beat up my husband when he told him his farts wake us up (our whole floor vibrates) and then lunged at him the next time Drew complained. In order to avoid another intense conversation with the son we explained the situation to our board, asking if they could require them to get carpets or get them to help pay for soundproofing the floors. Their only reply was "we're sorry for your problems--with no indication they could help with anything.
What legal actions can we pursue, with either the board (of which I'm a member!) or our neighbors? Can we take them to small claims court for financial help getting the ceilings soundproofed?? Help!!
What is the name of your state (only U.S. law)? Chicago, IL
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