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SnowCajun

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

My friend who lives upstairs and I both received 10 day to comply notices last year, we live in a rent controlled apartment apartment building. The tenant above me and directly across the hallway from him started allowing her ex husband to sneak in and stay the night, and he made a tremendous amount of noise, he drank in the common areas, smoked in the common areas, and showered at 3:00 a.m. which sounded like a jet engine taking off.

We filed noise complaints and complaints about him being here longer than the 14 days a guest can stay in a 52 week period, but got nowhere. Eventually we received 10 day to Comply or be Evicted notices to stop filing complaints about him, that they considered our asking them to honor the lease being a nuisance. Eventually they booted the "guest" out after he got six months of free rent, but it seems to have made enemies of the manager with us.

A month ago my friend upstairs was at another tenants apartment, the tenant was ranting and raving about the manager, I guess my friend joined in with a few of his own comments. This woman used to be friends with the manager and we assume after her ranting tantrum she made up with the manager again, but told her what my friend had said about her. The next thing you know is my friend got another 10 Day to Comply or be Evicted notice for talking negatively about the management here. Unbelievable!

What happened to the 1st Amendment to the Constitution regarding Freedom of Speech? Are we not allowed to have opinions of our own anymore? Is saying you think the manager is a jerk for the way she's treated you grounds for evicting you from your apartment? This doesn't make sense! Any help would be appreciated.
 


Mass_Shyster

Senior Member
Does your rental agreement contain a provision that you must not speak negatively about the manager?

If not, there's nothing they can do.

I would save the notice anyway, so when they start making stuff up about what you're doing, you'll have evidence to show the court that they started with unenforceable threats before they changed to lies.
 

applecruncher

Senior Member
Sounds like a cheap soap opera or maybe a watered down Lifetime movie. If there is nothing in the lease about restriction son who can say what to who, then I'd tell then to pound salt. Meanwhile, you and your friend might want to find something better to do with your time.
 

SnowCajun

Member
Meanwhile, you and your friend might want to find something better to do with your time.
Living a normal life and following the rules makes things better for everyone, otherwise what is the point of having a lease, or the point in them having us sign a lease? Not all are so lucky to have their own homes without a neighbor living over them, therefore quiet hours exist in accordance to the terms of the lease. Those who abuse those rules, such as the man sneaking in and staying over off lease for six months, disturbed the two neighbors surrounding the apartment upstairs, and us living below them. All was reasonably quiet until he started coming in and not following most of the rules.

Why is it you would suggest we, "find something better to do with our time?", I'm not accustomed to tucking my tail and cowering in a corner, is that what you'd do? Why has it become wrong to stand up for ones self in this country? The lease rules signed by the apartment complex state that excessive noise stops between 11pm and 6am. It was an agreed upon contract clause signed by both parties, yet those who filled out legitimate complaints about this guy banging the floor sometimes so hard it rattled our windows at 3am, only got us 10 Day to Comply or be Evicted notices to stop complaining. We only wanted to get our sleep without being awakened numerous times a night!

Why should one jerk get to ruin the peaceful enjoyment of the premesis for three other apartments. "Find something better to do with my time" you say? Sorry but I'm not a member of the yellow stripe down my back bury my head like an Ostrich club.
 
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SnowCajun

Member
Does your rental agreement contain a provision that you must not speak negatively about the manager?

If not, there's nothing they can do.

I would save the notice anyway, so when they start making stuff up about what you're doing, you'll have evidence to show the court that they started with unenforceable threats before they changed to lies.
No there's no such wording, we went over it very thoroughly again last night. There is, however, the clause that they can take possession of the apartment at any time with a 30 day notice if they decide they want to renovate it or use it for some other purpose, and that wouldn't surprise me if they pulled that trick out. .

We really just want to live in peace, when my friend received the 10 Day to Comply notice because he'd said something negative about the manager that really shocked us, I thought that was covered under the 1st Amendment to the Constitution, I've never seen an apartment complex punish anyone over the freedom of speech thing before. Thanks for your response.
 
Holy H-E-double hockey sticks I hate it when people start throwing around the First Amendment argument without having actually read the document in question.

OP: the first amendment clearly states that "Congress shall make no law..." It does nothing to restrict the rights of property managers to make rules.

Sheesh.
 

SnowCajun

Member
Holy H-E-double hockey sticks I hate it when people start throwing around the First Amendment argument without having actually read the document in question.

OP: the first amendment clearly states that "Congress shall make no law..." It does nothing to restrict the rights of property managers to make rules.

Sheesh.
Not only have I read the document, I also stated in an above post that there's nothing in the lease or any posted rules about being able to speak our minds. So are you saying they can make rules on the run without both parties agreeing to them and just toss them at us like we're targets at a shooting gallery and whichever one hits sticks?
 

Banned_Princess

Senior Member
your LL is probably going to look for -anything- to get rid of you guys.

how is it any of your business who the neighbor has staying with her, and why do you care if that person is staying "rent free" ? you don't even know that is true, maybe he was helping her out by paying some rent, and buying food for the house?
 
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