no more miss nice

[bellydancer]

What is the name of your state?What is the name of your state? Louisiana

My neighbor wakes me frequently when she comes home at 1 or 2 in the morning by stomping up the stairs (which are next to my bedroom,) talking (sometimes yelling loudly) with her friends and slamming the door. She is also extremely loud when in her apartment. Back in October around 10pm, I went over and asked - politely - if she could hold it down. She said if 'you want to study this early you need to go to the library.'

This has been going on for months now and my landlords have not been very helpful. They make excuses for her such as 'she's young' or 'she doesn't realize how loud she is.' This week my neighbor called to see if I could park on the street and let her have the one parking spot on the driveway because her car is big and it's hard to park on the street. I told her I'd make her a deal, if she could keep the noise down, I'd give her the spot. Her response 'I already told you, I'm not going to do that.'

When I parked in the spot the next day she banged on my door to yell at me for being inconsiderate. I parked there again the next day and she and her friends came stomping up the stairs yelling 'How do you like that Carrie?? How do you like that you F*****G B***H?!!!'

I've decided I'm not going to ignore it and be nice anymore. What can I do though? I am drafting a letter to give both my landlords and her, but what exactly should I write? I want it to maybe scare her into being quiet or scare the landlords in requesting she be quiet. Is it correct to say I will bring a private nuisance law suit if this doesn't stop? Is her stomping and cursing considered harassment? My lease does state I am entitled to quiet enjoyment of my property so shouldn't I expect it??

Thanks in advance - and sorry so long. I did leave a lot out.

 

[FarmerJ]

start by calling the police and asking if your town has a night time noise ordinance and If so then start calling the police and making a report of excessive noise . and get incident numbers from each call .

 

[bellydancer]

calling police

The only thing about calling the police is that by the time they get here the noise will have stopped. It's not continuous all the time. It's just enough to make me jump out of bed and then not be able to fall back asleep.

I figure since she is in breach of the 'quiet enjoyment' clause of the lease there should be some course of action so I can finally catch my much missed zzzzzz.

 

[Warped]

First I'd like to say that I'm not a lawyer but this is what I would do in your situation.

Get a lawyer to draft two letters. One to the landlord asking him/her to enforce the clause in your lease about excessive noise. The second letter would go to your neighbor demanding that she comply with the clause in the lease regarding excessive noise and threaten legal action if she doesn't comply. Mail them both certified, return receipt requested and then see what happens. Of course, while all of that is going on, keep a running log of the day date and time that you call the cops and what type of noise she was making. Also record the action the police took such as warning etc. Like FarmerJ said, get incident or report numbers to support your records. I'd also ask for the officer's name and badge number just for good measure. Also send a letter, CRRR to your landlord each time she violates the noise clause. Keep photocopies of ALL correspondence (sp?) and if any of it comes back to you unopened, don't open it, just keep it for your records. Good luck!

 

[bellydancer]

thanks - here's my letter

Thanks for the advice. Do you this letter sounds all right? I hate bringing my landlords into this because they really are such nice people, but I don't think I really have any options. Maybe I'll go talk to them in person instead of this letter.

I would like to start off by stating that I truly enjoy my apartment. You, as landlords, are always quick to respond to any problems I have had. Unfortunately, as you well know, I have a problem with the excessive and unreasonable disturbances from my neighbor, (her name here.) I realize that people have the right to make noise, but there are also restrictions on the extent and times noise is allowed. The following is an excerpt from the New Orleans City Ordinance regarding noise.

Sec. 66-203. Specific nuisance noises prohibited.
(3)(e) It shall be unlawful between the hours of 9:00 p.m. Sunday through Thursday and 10:00 a.m. on the subsequent morning or between the hours of 10:30 p.m. on a Friday or Saturday and 10:00 a.m. the subsequent morning to operate or play in an apartment, condominium unit or other dwelling unit of a multiple-unit structure occupying a parcel or lot of land or in any common or exterior area of such land any radio, television, phonograph, loudspeaker, sound-amplification equipment or similar device which produces or reproduces sound in such a manner as to be plainly audible within any other apartment, condominium unit or other dwelling unit within the same dwelling structure.

There are also regulations on the decibels of sound allowed during the remainder of the day. These can be found in the table in Sec. 66-202 of the city ordinance. Not only is the noise a violation of city ordinance, but it is also in breach of the lease agreement. The quiet enjoyment clause of the lease makes tenants responsible for not disturbing their neighbors. It is the landlord’s duty to force the tenant to comply with the lease or face eviction.

I shouldn’t have to resign myself to living with the noise as it affects me on a daily basis. I have become sleep deprived as a cause of being woken by noises and slamming doors at 2am in the morning. Her actions are hindering the enjoyment of my home and affecting my habitability. I have respectfully asked for her cooperation in keeping the noise levels down, but I have been unsuccessful. Instead, she backlashes by deliberately making more noise and becoming verbally abusive.

I have accommodated her request for leaving the door unlocked when I leave in the morning so she doesn’t have to carry her key with her while she walks the dog. Also, she has made other requests that I leave the door unlocked (i.e. when her parents have come into town) and I have done so. I have been accommodating yet she consistently insists on making noise prohibited by both the city ordinance and the lease. I am not being unreasonable in my request. I only ask that she abide by both the city ordinance and lease agreement. Otherwise I will have no choice, but to pursue legal action.

 

[seniorjudge]

Do you live in Orleans Parish?

That's one of the noisiest places I have ever been.

 

[bellydancer]

True, as a whole, New Orleans is pretty noisy. But this isn't normal everday noise. She is deliberately making noise. I have ignored it for so long, too. I can hear her telling others to 'be loud.' Even the landlords agree that she is very loud, but 'it's not like we can tell either of you to leave.' But I'm thinking since it's in the lease, they can. I'm hoping this letter might do the trick - if I can bring myself to mail it that is. What do you think?

 

[seniorjudge]

True, as a whole, New Orleans is pretty noisy. But this isn't normal everday noise. She is deliberately making noise. I have ignored it for so long, too. I can hear her telling others to 'be loud.' Even the landlords agree that she is very loud, but 'it's not like we can tell either of you to leave.' But I'm thinking since it's in the lease, they can. I'm hoping this letter might do the trick - if I can bring myself to mail it that is. What do you think?

You certainly should try sending the letter(s).

I think I do not know what these people will do. I've given up trying to figure out what people are going to do.

This is not legal advice, but I have lived at lots of places and everyone of them had idiots like your neighbor. I just learned to ignore it. But that's just me.

If I lived in New Orleans, I would move to Ponchatoula.

 

[bellydancer]

thanks

Well, I will tell you this - New Orleans is not even close to being a city I could ever see myself living in. It's a huge adjustment from Atlanta. The only reason why I'm even here now is because of school, but as soon as I graduate......... buh-bye NOLA!

I do know one of my classmates (with a similar problem - minus the verbal abuse) had a lawyer draft a letter and her landlord is paying for her moving expenses - including her new deposit and connection of her utilities. Of course, I'd rather see her leave. I just hope that they agree to that.

According to the law, do my landlords have the authority to evict her even though her lease isn't up? I mean, technically she is in breach of the quiet enjoyment clause, but is that material for eviction? I just want to go to bed at night and not be woken by loud voices, stomping and slamming doors.

 

[rutica]

Send the letter. Now!

You say your landlords are nice, but they aren't so nice if they aren't helping you with this noise problem.

People treat you like you let them treat you. Stand up for your rights and take action.

 

[bellydancer]

you're right

I figured I didn't want to give them any reason to think I am in any way wrong. You have a point though - they think they can just ignore it. Well tomorrow we're all sitting down to have a 'talk.' Although I had wish it were just me because I know my neighbor - she'll lie and pretend all is good like she always does. Then 2 days later....... back to her old self.

Maybe I'll request she write an apology and put down her word to keep the noise level down in person. That way I'll have proof of all the issues and by apologizing she is showing that she, in fact, has comitted them and can't lie about it after that. Otherwise, I have the name of an attorney who helped my friend in the same situation last week. But he got the landlord to pay for her movers, deposit and utility connection and I don't want to move.

 

[seniorjudge]

Well tomorrow we're all sitting down to have a 'talk.'

Not legal advice.

Advice on human nature.

Let her talk as long as she wants.

Look her in the eyes.

Do not interrupt.

Be polite.

You will be amazed at what you learn about her.

 

[bellydancer]

what about when she lies?

When she lies should I not object or clarify?

 

[seniorjudge]

When she lies should I not object or clarify?

You'll get your turn. Keep notes.