Excessive Noise BIG Problem - HELP! I need advice!

[lnscott]

Noisy Neighbor/Possible Eviction - Need help!

What is the name of your state? Indiana

I live in an apt. bldg. that has 3 sections, each section has 4 apts. 2 apts. up stairs and 2 down.

About 3 mo. ago, a woman moved in with her 2 kids and her boyfriend. From day one, I've heard nothing but excessive noise and traffic coming from overhead. The noise is the hard part because it's not music or the television, it's not even yelling or talking I hear. It's sounds like children running, stompping, a basketball continously hitting the floor. It's unbarable and it goes on all the time.

I've tried talking to her and so has the woman that lives across the hall from her. Legally, I realize that nothing can be done until after 10:00 p.m. ...although, I'm sure that there has to be an exception somewhere (if anyone knows of one - let me know!). We went to the PM (property manager) & with some the other complaints (not just the noise complaints from us) they made the decision to send her an eviction notice.

She contested it. On Aug. 22, the PM called all of us in for a meeting. The woman made an empty promise that since she kicked her boyfriend out that things were going to change and they let her stay, but she was out of chances. However, the PM also told us that if we couldn't find a way to live in the same building, then she'd kick all of us out.

Sunday night (8/31) they were up until almost 1:00 a.m. making the same noises and then woke me by starting it again between 7 a.m. and 8 a.m. (Mon) It continued until 11:00 p.m. when I started hitting the ceiling.

I can't take a chance on losing my job. I replaced a woman who got fired because she kept falling asleep on the job (among other things); plus, I have a 3 year old to think about and I have a hard time getting her to go to sleep at a decent hour (8-9) with the noise. The woman across the hall from her has a daughter who is autistic and has been having problems due to the interrupted sleep and lack of.

Now, what do we do? Do we go back to the PM and take a chance of getting evicted ourselves? Can they do that (evict everyone)? We all get a long just fine. In fact, we've even talked to this woman and helped her out too, but we just can't put up with the noise! It's too much!!!

Please help!

 

[FarmerJ]

If you are a month to month renter vote with your feet , giving proper notice and moving . If you keep complaining by calling the police after 10 pm and are on a long term lease you realise the LL will have to have some proof like police file numbers and a long history of complaints to back themself up .

 

[lnscott]

Well, the problem is I can't really afford to move right now while I'm paying off my car and student loans. The apartment I live in is income based and all I pay is electric. Eventually, I'm going to have to move because I refuse to pay $500 (in the town I live in that's high) a month for a two bed room apartment.

I have called the police once before, but it didn't do any good. I don't even think she answered the door and she told us at the meeting that she wasn't even home that night.

The problem is they have more than enough complaints from the residents and maintenance staff to evict her and if it were anyone else I could see them wanting to be nice about it and give her an opportunity to prove herself. But it's not even been two weeks since that meeting and we're already back to square one. The woman across from her and I want to get something done about it, but as I said before we can't afford to move. So, the real question is, can they evict all of us if we complain about it again? If they do, would that be grounds for a law suit against the property manager/owners?

 

[FarmerJ]

Sounds like your on a long term lease for a whole year at a time again your LL has to have a reasonable amount of proof if he /she tried to make you move . If you forced him / her to take you to court because they claim you have breached the lease they will have to have police records from police visiting your door saying you were too noisy . any lease breaches other than non payment require a certain amount of proof . so what exactly does your lease say about your use and enjoyment of the unit ? is your lease a automatic renewal ? what is the earliest you could move , figure out how you want to proceed taking into account how much longer you will be living there and find a local tenants advocate in your state and seek advice there .

 

[JustFunny]

I have the same problem here in Colorado, check your lease, there may be a provision in the lease for excessive noise at anytime of the day. Lay a paper trail, call the police until the police tell the LL to take appropiate steps. As I write this I am awaiting the police for the 3rd this month for my neighbors upstairs, this time I will sign a complaint and take them to court (I laid a paper trail, a dozen complaints to the LL, and called the police 3 times.) You as a tenant have a right to live with some peace. Dont let the LL try to scare you, they tried that with me, so I called the polcie and filed another complaint. There is more than one way to skin a cat. Your LL would be hard pressed to evict you if your rent is up to date. Good luck. BTW, we have 5 children and have lived here for 4 years, 2 years on the second floor and 2 years on the ground floor, and have NEVER had a noise complaint. People need to be considerate.