a harrassing neighbor

[sister]

I just spent a night in jail. Well, at least it felt like it. I stayed at my sister's 3rd floor apt. in Philadelphia. She has been telling me about her neighbor who is 86 years old and yells at them everyday regarding the noise. "The noise" is a creaky floor. Any movement such as walking or pulling out a chair to sit down sets this woman off. While we were there, my 3 year old dropped a toy and my 10 month old was crawling across the floor. The woman banged a broomstick on the ceiling (scaring the heck out of my kids). then she came up and yelled at my brother-in-law about how she's 86 years old and needs her peace. When he tried to apologize, she reiterated her age and need for peace. Meanwhile, my sister is a wreck trying not to walk on the floor at all. From my observance, they are not living a normal life because they are so worried about this woman. The woman has called management and they told my sister to put down rugs but that hasn't helped. Management should replace the flooring or put down wall to wall carpet, but they won't. My question is when can we say that the woman has crossed the line and become the real disturbance and legally do something about her?

 

[Tracey]

Now. Your sister's family has a right of quiet enjoyment in their home. This includes the ability to walk from room to room unmolested by broomsticks at any time of day or night, and to make 'normal life sounds' during usual waking hours. They can even flush the toilet at 2 a.m.!

Sis should inform neighbor that she will no longer tolerate being held a prisoner in her own home. If neighbor doesn't back off right now, tell her they'll go get a restraining order forbidding neighbor from harrassing them for making normal noises. If neighbor doesn't like people walking over her head, she should move to the top floor. Tell neighbor this in writing (certified mail) and send a copy of the letter to management. Maybe management will offer neighbor a top floor apt as soon as one becomes available.

Let us know how it goes,
Tracey

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.