Nuisance Neighbors and we're getting the eviction notice?

[Mommy2Ryder]

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

We moved in January 23rd, from that night they upstairs tenants (basement apartment) have been nothing but obnoxious, below you'll hear some voicenotes I have recorded there are over 50. It has ended up the police being called, not only by us.
The landlord never disclosed they controlled our heat, we shared a water heater, or the fact he has a lengthy criminal record. Since day one they have subsequently left us without heat. The landlord was made well aware of that fact. I have a 6 month old son who has to hear the "N" word dropped like he was saying hello.
It goes well beyond normal noise you would expect to hear in a basement apartment.
We work from home and have lost 6 hours which we have deducted from the rent, we are now served with a 3 days to pay or vacate notice. The landlords wife walked out with the partial rent payment checks yesterday. Because she in essence accepted the checks, can they even give us a notice to pay or vacate? He's charging me a late fee, however it's due for us on the 6th, he was notified on the 4th that it was available and that he still had not sent over envelopes. Did he want to pick it up when he was supposed to be here to disucss the neighbors or have us mail it. No response. So how is it our $60 cross to bear if he didn't read the email HE requested to be sent about the noise.
The landlord was notified yesterday we intended to move out next month. He has been notified every time of the noise, and in his lease it states we have a right to quiet and to enjoy our home, per the Utah renter's hand book we also have the right to enjoy piece and quiet and have a safe environment. I don't feel safe here seeing as how he verbally assaulted me and slammed a door so hard in my face it literally almost hit me in the face, which was the night I called the police it was so bad.
What are our steps from here? They violated their lease and the law and we're the ones being made to move?
http://www.gcast.com/u/IndyBaseGTx2/Neighbors
The one that plays 1st is the voicemail we recieved from her after she adivsed the landlord all we had to do was call and talk to her. She called 4 times before leaving it, again we were working at the time which is why the phone was not answered.
The one labeled 1 Is what we hear on a daily basis from them when they fight.

 

[Hot Topic]

Did you talk to a lawyer before you deducted the six hours from your rent? This isn't something you can expect the landlord to automatically accept.

You expect your six month old son to understand the meaning of what he's hearing from the other tenants and be upset by it?

 

[Mommy2Ryder]

I didn't expect them to automatically accept it. He was sent an email per his request on the 4th stating the intention, his wife was handed the check when she was here yesterday. If there was an issue it should have been addressed then. Yes I do expect my son to understand what is going on because he can read emotion, and he is learning to talk. He is at a very impressionable age. Nor do I feel in my own home I should be and feel threatened. That is why I am upset, they make such loud noises he wakes up screaming and is inconsolible. Yes that as a mother makes me very upset. As a human being having to hear that it makes me upset. The fact it violates the LAW makes me upset.
The landlord stated he wanted proof, he got proof time and again, and did nothing. He stated we needed to talk to them, which we did in the first few instances and were laughed at and hung up on. We tried again, and that voicemail was the result.
We have spoken with an attorney, yes, and plan to start proceedings tomorrow when he calls back. To sue for moving expenses and part of the rent back as stated on a Utah law site we found, we are also filing the criminal charges from when the police were called.

 

[Alaska landlord]

Sorry mommy, but when you deduct at will from the rent you get an eviction notice.

 

[BL]

Here's the deal .

Your rights to peace quiet and enjoyment , under the Law , fall under rights to privacy .

It means the LL / LL's agent , etc . just can't walk in on your peace ,quiet ,and enjoyment of your premises without proper notice , or if you have called for repairs .

The second section you cited , is a clause not to disturb the neighbors , that tenants have a right to quiet enjoyment of their rental.

What does that constitute ? Wide open . Basically , you need to show via police reports / # of calls-what for , other neighbor complaints of frequent and continued nuisances .

You can not unilaterally with hold rent for neighbor disturbance .

You might get away with living out the month if the LL excepted partial payment .

Now , to address the heats .

You have a right to file a complaint with the code enforcement.

A Judge would decide how much , if any , you were due to be compensated for lack of vital habitable issues .

 

[Mommy2Ryder]

Thank you. The rent was withheld to the dollar amount of the lost wages ($72). The landlord was informed that we were already given a warning about the noise and that we would be pulled if it continued. It continued and we were pulled. We were not withholding per se because of the noise, but as a direct result of his not fulfilling the promises he made to bring the apartment to a certain standard of living. We literally share air vents. There's probably a 3 inch difference between where it opens on our ceiling and their floor. The ducts themselves are one in the same.

 

[Alaska landlord]

You work from home and get to choose the hours you work. If you get into a fight with your neighbors, it’s not the landlords fault. The door would not have been slammed in your face had you been in your apartment instead of harassing your neighbor. If I were your landlord I would clean house and both tenants would go. You now have two options. You can be evicted for non payment which the landlord would probably lose because he accepted partial payment, or you can be evicted as a holdover tenant since you gave notice. If you don't leave at your scheduled date you can be charge two to three times your rent as a penalty. You will have to research your tenant landlord act for specific information on just how much. Either way, you are out of there.

 

[Mommy2Ryder]

You work from home and get to choose the hours you work. If you get into a fight with your neighbors, it’s not the landlords fault. The door would not have been slammed in your face had you been in your apartment instead of harassing your neighbor. If I were your landlord I would clean house and both tenants would go. You now have two options. You can be evicted for non payment which the landlord would probably lose because he accepted partial payment, or you can be evicted as a holdover tenant since you gave notice. If you don't leave at your scheduled date you can be charge two to three times your rent as a penalty. You will have to research your tenant landlord act for specific information on just how much. Either way, you are out of there.

No I do not get to choose my hours. They are set hours. 8-2:30pm Mon, Tue, Fri, 4pm-10pm on weekends. I was not harassing my neighbor, I was doing what the landlord advised me to do based on what the neighbor stated for us to do. Which was go up there or to call. I have no intention of being here period, I am obviously GLADLY on my way out of here. However, my landlord NOT fulfilling his promises and allowing people to break rules in the lease is unacceptable! Which is WHY I stated to the landlord that we would be gone by the end of April. It would do you wise in the future not to assume so much as you are grossly wrong on all your points about me.

 

[BL]

Thank you. The rent was withheld to the dollar amount of the lost wages ($72). The landlord was informed that we were already given a warning about the noise and that we would be pulled if it continued. It continued and we were pulled. We were not withholding per se because of the noise, but as a direct result of his not fulfilling the promises he made to bring the apartment to a certain standard of living. We literally share air vents. There's probably a 3 inch difference between where it opens on our ceiling and their floor. The ducts themselves are one in the same.

You still can not lawfully with hold rent for lost earnings .

The ONLY way you can lawfully with-hold rent is under any State Laws that give the tenants that right , and then only with a consultation of an Attorney .

 

[Mommy2Ryder]

I found this, however I can't seem to find Utah's provision on it:
If a landlord doesn't make required repairs, what are the consequences?
If a tenant requests repairs and the landlord or property manager doesn't meet the habitability requirements, a tenant usually has several options, depending on the state. These options include:

* making the necessary repairs and deducting the costs from the next month's rent
* withholding the entire rent until the problem is fixed
* paying less rent while the rental remains substandard
* calling the local building inspector, who can usually order the landlord to make repairs, or
* moving out without responsibility for future rent, even in the middle of a lease.

A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance, and emotional distress caused by the substandard conditions.
Your best bet is to handle repairs as soon as possible (or delegate the repairs to the tenant in exchange for decreased rent). Take care of major problems, such as a plumbing or heating problem, within 24 hours. For minor problems, respond in 48 hours. Always keep tenants informed as to when and how the repairs will be made, and the reasons for any delays.

 

[BL]

Utah State Courts - Landlord-Tenant

 

[Mommy2Ryder]

Thank you for all your help. It is truly appreciated.
What are my responsibilities as a landlord?

* Comply with all health and building codes that apply to the rental property.
* Make requested repairs promptly.
* Give the tenants 24 hours written notice prior to entering their home, except in emergencies
* Maintain peace and quiet. Ensure that tenants can live on the property in peace, without unreasonable disturbances from you or other tenants.
* Give fifteen days written notice of any changes in a month-to-month agreement, such as rent increases, unless there is a written rental agreement which specifies a longer notice period. If there is, give written notice of any changes in compliance with the longer period of time in the written agreement.
* Abide by the lease agreement.
* If an eviction is necessary, follow the legal (statutory) eviction process set out in Utah Code 78B-6-801 through 816.
What are my responsibilities as a tenant?

* Pay your rent on time. As a tenant, you are responsible to pay your full rent on time.
* Take care of property. You must take reasonable care of the property you are renting. When you move, the property must be left in the same condition that your received it, less normal wear and tear.
* Notify the landlord when you are going to be away. Let your landlord know when you are going to be out of town or away from home for an extended period of time. It’s best to give this notice in writing and keep a copy for your records.
* Inform your landlord of needed repairs, in writing, and keep a copy for your records.
* Keep noise levels down. Be considerate of other renters and neighbors by keeping the noise level down in your home
* Abide by the lease agreement. Read and discuss your lease with the landlord before you sign it, because you must abide by all its provisions after it’s signed.
* Give notice before moving. Unless otherwise specified in your lease, give 15 days written notice before the end of your rental term.

-It states in my lease that if arrangements are made in regards to rent or a situation is needed to pay partial or what not, notice is to be given. Which I gave. Does my lease override the first bold section about paying rent in full?

 

[Alaska landlord]

Consent from your landlord is needed. You just can't say I'm only paying half the rent and expect the landlord to have to accept it. Since you have elected to work at home, it is inconsiderate of you to expect everyone else to tip-toe around you. Make your next rental a SFH were you can control the noise level. Other tenants don't care if you can't work due to their normal day to day occurrences, nor should they have to. Meanwhile, look into earplugs.

 

[Mommy2Ryder]

Consent from your landlord is needed. You just can't say I'm only paying half the rent and expect the landlord to have to accept it. Since you have elected to work at home, it is inconsiderate of you to expect everyone else to tip-toe around you. Make your next rental a SFH were you can control the noise level. Other tenants don't care if you can't work due to their normal day to day occurrences, nor should they have to. Meanwhile, look into earplugs.

I don't expect them to tip-toe around me, I do expect them NOT to bang on the pipes just because at 9:45 at night. I'll be sure to find the earplugs for my 6 month old as well who woke up screaming and scared.

 

[Alaska landlord]

Have you looked into the volume level of your TV or radio? Sometimes people just don't realize how much noise they are creating.