Upstairs refuses to respect downstairs - anything I can do?

[AnthonyM1023]

What is the name of your state? Michigan

As a tenant, can I do anything about this? We've lived here 9 months, new tenants just moved in upstairs last month, don't take my requests seriously. I have an autistic 4 year old and our sleep schedule we often don't get to sleep until 2am. We're constantly woke up between 7am and 9am to loud noise, stomping, sometimes even yelling that often carries on through the afternoon. Landlord keeps giving them the benefit of the doubt because she works with the boyfriend on graveyard shift but the stay at home girlfriend does nothing to correct the 8 and 2 year old. The landlord messages the gf but not the bf & The boyfriend ignores our requests until I get the landlord involved (which I hate even having to do)

After asking multiple times to allow us to sleep in monday/Tuesday when I'm off, & getting ignored, & having the landlord specifically talk to them about the noise/stomping through house transferring to the downstairs,
My autistic son & I woke up this morning to music playing upstairs loud enough to make out the song.

Growing up my mom would've whooped my rear if I ran through the house like this 8 year old does non stop while the mom ignores it.


Sidenote: I tried being nice the first week allowing the family to use our wifi for a week until they got theirs "for the kids" and after that week, had a laptop & the moms phone with the kids 2 other devices connected.
When I kicked em off, she turned Hotspot on she could've used the whole entire time.

While needing to jump my truck Monday on the holiday, I had to bother the landlord because the upstairs tenants had multiple guests over parking in my parking area. I had to wait on their time frame, to go jump my vehicle. Even after they left, the landlord texted them telling them where to park, they replied to me & they came back parking in the same spot for 2 hours as if their response "okayed" them to park their for the time being after literally telling them I was heading out to jump my truck as their guests pulled in.

This was the reply: I read what you asked and that's fine but this is family visiting for the first time and we didn't tell them where to park and it slipped my mind

 

[Zigner]

An 8 year old and a 2 year old making noise from 7 am to 9 am? You think that's a problem? Really?

You may wish to find more suitable housing arrangements.

 

[AnthonyM1023]

Yes, within moderacy, if I ask politely I expect both households to work together for a happy medium. I have an autistic child. We have signs all over the house. He has sensitive hearing & we've lived here 8 months before they moved in. The noise were hearing is furniture being dragged across the floor, kids jumping off things onto the ground, etc. We expect noise throughout the day but first thing in the morning, that 8 year old should be in school.

By making noise, you can make out the difference from a light footstep and someone stomping aggressively. We've expressed this to them and politely asked them to discourage the kids from running in the apartment and the noise only got worse. To the point if I turn my TV up to max volume, I can still hear their stomping.

It's a 2 story house with 2 bedrooms on each floor, each floor rented out.

 

[Zigner]

Yes, within moderacy, if I ask politely I expect both households to work together for a happy medium. I have an autistic child. We have signs all over the house. He has sensitive hearing & we've lived here 8 months before they moved in. The noise were hearing is furniture being dragged across the floor, kids jumping off things onto the ground, etc. We expect noise throughout the day but first thing in the morning, that 8 year old should be in school.

By making noise, you can make out the difference from a light footstep and someone stomping aggressively. We've expressed this to them and politely asked them to discourage the kids from running in the apartment and the noise only got worse. To the point if I turn my TV up to max volume, I can still hear their stomping.

It's a 2 story house with 2 bedrooms on each floor, each floor rented out.

I understand that you have a special needs child - I had special needs children (although, not to the level you are describing for your child). The fact is that, while it would be nice for others to exhibit special consideration, there is no obligation for others to change their (essentially normal) behavior in this type of situation. Multi-family living may not be the best solution for you.

 

[AnthonyM1023]

I understand that you have a special needs child - I had special needs children (although, not to the level you are describing for your child). The fact is that, while it would be nice for others to exhibit special consideration, there

I understand that you have a special needs child - I had special needs children (although, not to the level you are describing for your child). The fact is that, while it would be nice for others to exhibit special consideration, there is no obligation for others to change their (essentially normal) behavior in this type of situation. Multi-family living may not be the best solution for you.

How would that make sense for us when we've lived here 8 months already, they just moved in 3 weeks ago? It's not just the noise, it's the way they retaliate whenever asked to respectfully attempt to keep those kids down. For example my landlord had to specifically tell them they park in back of house, I park on the side. They still returned and re parked their for 2 hours while I'm stuck waiting on my day off to be able to go jump my vehicle in my time frame.

We also spent 7 months ridding this house of the already existing mice and bugs, for them to move in & just start chopping down mulberry trees in the yard throwing em in a pile in back yard while theyre upstairs no worries, we (the downstairs tenants) have to deal with then reattracting the bugs & mice again we already got rid of.

3 weeks later, I went and took them out to the road finally but enough is enough. We take care of the property while they have not a care in the world.

 

[Zigner]

How would that make sense for us when we've lived here 8 months already, they just moved in 3 weeks ago?

Because they're not doing anything wrong.

It's not just the noise, it's the way they retaliate whenever asked to respectfully attempt to keep those kids down.

You are free to ask, they are free to ignore. What I didn't say in my earlier post is that I did my best to avoid allowing my kids to think that it was reasonable to expect others to change their own reasonable behaviors just accommodate them.

For example my landlord had to specifically tell them they park in back of house, I park on the side. They still returned and re parked their for 2 hours while I'm stuck waiting on my day off to be able to go jump my vehicle in my time frame.

That has nothing to do with your kid. If your LL has a problem with this, then your LL needs to handle it. It's not a legal matter.

We also spent 7 months ridding this house of the already existing mice and bugs, for them to move in & just start chopping down mulberry trees in the yard throwing em in a pile in back yard while theyre upstairs no worries, we (the downstairs tenants) have to deal with then reattracting the bugs & mice again we already got rid of.

That's your LL's problem.

3 weeks later, I went and took them out to the road finally but enough is enough. We take care of the property while they have not a care in the world.

That's a YOU problem.

 

[AnthonyM1023]

So the parking part is legal matter. It's in the lease.
Still waiting on an answer to what can I do (besides moving, that's already been talked of to the landlord)

 

[Zigner]

To clarify the above:
I understand that there are often legal protections and required accommodations for disabled and/or special needs individuals. I just do not see any of those as applying in this situation.

 

[Zigner]

So the parking part is legal matter. It's in the lease.

That's between you and the landlord. Any legal avenues available to you would be against your landlord.

Still waiting on an answer to what can I do (besides moving, that's already been talked of to the landlord)

Noise-canceling hearing protection maybe?
Maybe a white-noise machine?
Maybe work on getting your child to bed at a more reasonable hour?

Yours really are not legal questions insofar as the other tenant is concerned. Perhaps your LL will release you from your lease obligations so you can move to a more appropriate place for your special-needs child.

 

[adjusterjack]

So the parking part is legal matter. It's in the lease.
Still waiting on an answer to what can I do (besides moving, that's already been talked of to the landlord)

Sorry, but you can't do anything besides moving.

You live below crap neighbors. They will never change. You have a crap landlord. He will never change.

The sooner you accept that reality, and move, the better your family's life will be.

I lived next door to crap neighbors. Took me a lot longer than a year to realize and accept the fact that they would outlive and outlast me. I moved.

Next place you rent, make sure it's a one family home, with no upstairs, and no shared walls, and a nice fence, with a nice driveway that fits whatever cars you have.

 

[Eekamouse]

I don't know. OP kind of sounds like the crap neighbor, not the new tenants, the way they're expecting everyone to dance to their tune and getting all put out when the neighbors don't hop to their demands.

 

[quincy]

What is the name of your state? Michigan

As a tenant, can I do anything about this? We've lived here 9 months, new tenants just moved in upstairs last month, don't take my requests seriously. I have an autistic 4 year old and our sleep schedule we often don't get to sleep until 2am. We're constantly woke up between 7am and 9am to loud noise, stomping, sometimes even yelling that often carries on through the afternoon. Landlord keeps giving them the benefit of the doubt because she works with the boyfriend on graveyard shift but the stay at home girlfriend does nothing to correct the 8 and 2 year old. The landlord messages the gf but not the bf & The boyfriend ignores our requests until I get the landlord involved (which I hate even having to do)

After asking multiple times to allow us to sleep in monday/Tuesday when I'm off, & getting ignored, & having the landlord specifically talk to them about the noise/stomping through house transferring to the downstairs,
My autistic son & I woke up this morning to music playing upstairs loud enough to make out the song.

Growing up my mom would've whooped my rear if I ran through the house like this 8 year old does non stop while the mom ignores it.


Sidenote: I tried being nice the first week allowing the family to use our wifi for a week until they got theirs "for the kids" and after that week, had a laptop & the moms phone with the kids 2 other devices connected.
When I kicked em off, she turned Hotspot on she could've used the whole entire time.

While needing to jump my truck Monday on the holiday, I had to bother the landlord because the upstairs tenants had multiple guests over parking in my parking area. I had to wait on their time frame, to go jump my vehicle. Even after they left, the landlord texted them telling them where to park, they replied to me & they came back parking in the same spot for 2 hours as if their response "okayed" them to park their for the time being after literally telling them I was heading out to jump my truck as their guests pulled in.

This was the reply: I read what you asked and that's fine but this is family visiting for the first time and we didn't tell them where to park and it slipped my mind

Here is a link to “Tenants Rights and Responsibilities,” published by the Michigan Legal Help Organization, in cooperation with the Michigan State Bar Foundation and the Legal Services Corporation:

https://michiganlegalhelp.org/resources/housing/tenant-rights-and-responsibilities

As a tenant, you have the right to quiet enjoyment of the rental. Quiet enjoyment can include the right to live free of loud noises, bad odors, and other nuisances.

HOWEVER, there are some noises, odors and “nuisances” that will not violate the terms of the lease and for which a landlord/property owner cannot be held accountable. These are the common nuisances of real life, like traffic noises if you reside on a busy street, the smell of cow manure if you reside next to a cow pasture, and kid noises if you reside next to a school.

Kid noises from an upstairs tenant are also part of real life and, while they could be limited to an extent, they cannot be eliminated. Nor can the normal sound of footfalls above or the early morning activity of an early riser be eliminated.

It is difficult to live in close proximity to anyone who lives their life differently than you do. For anyone living in rental units, though, that is the sometimes-uncomfortable reality. I don’t see that you have a legal action to pursue but you can continue to discuss options with your landlord or seek out advice from a legal aid clinic in your area.

 

[adjusterjack]

I don't know. OP kind of sounds like the crap neighbor, not the new tenants, the way they're expecting everyone to dance to their tune and getting all put out when the neighbors don't hop to their demands.

Good point.

 

[quincy]

Tolerance is not practiced often enough.

 

[Taxing Matters]

Tolerance is not practiced often enough.

It seems to me that our society has gotten to the point where most people only focus on their rights and simply don't care about the effect it has on others. It didn't use to be nearly so prevalent.