Noise from upstairs neighbors

[CA girl]

What is the name of your state? California
I have recently moved into another apartment in my building. I love the apartment with one exception. My upstairs neighbors allow their 3 year old and toddler to run, jump, drag furniture, and knock furniture over. They are home all the time, so it goes on from about 8:00 AM to 11:00 PM. I have tried to go upstairs and let them know nicely how loud it sounds downstairs. After about 3 days of peace, it started again. This time, I asked the LL to call them. After about a week of peace, it started all over again and continued to get worse. When I asked the LL to call them again, she said she would but if we couldn't resolve this, one of us would have to move and it would be me because they had lived there longer. They have lived in the complex for 9 years and I have lived there for 5 years. I told her that I have the right to the peaceful enjoyment of my unit and she agreed. I said that I had no control over the situation. My neighbors were the only ones that could control the situation by stopping their kids from running and jumping in the apartment. My LL is handeling a similar situation for another tenant without threatening to make her move. Can you please tell me my rights in this situation? Thanks.

 

[Staggvocals]

Question(s)

What is the name of your state? California
I have recently moved into another apartment in my building. I love the apartment with one exception. My upstairs neighbors allow their 3 year old and toddler to run, jump, drag furniture, and knock furniture over. They are home all the time, so it goes on from about 8:00 AM to 11:00 PM. I have tried to go upstairs and let them know nicely how loud it sounds downstairs. After about 3 days of peace, it started again. This time, I asked the LL to call them. After about a week of peace, it started all over again and continued to get worse. When I asked the LL to call them again, she said she would but if we couldn't resolve this, one of us would have to move and it would be me because they had lived there longer. They have lived in the complex for 9 years and I have lived there for 5 years. I told her that I have the right to the peaceful enjoyment of my unit and she agreed. I said that I had no control over the situation. My neighbors were the only ones that could control the situation by stopping their kids from running and jumping in the apartment. My LL is handeling a similar situation for another tenant without threatening to make her move. Can you please tell me my rights in this situation? Thanks.

Did you get a 'rules' booklet when you initially signed your lease? If so, look through it to find the section about noise.

99.9% of all housing facilities have rules again excessive noise. Most of them have a rule such as (but I'm not quoting): You may, in writing, complain to the LandLord for anything that may constitute a breaking of the rules (such as being excessively noisy).

Most of the time the LL gives a 3 strikes you're out type of deal meaning if the people above you get three (3) written (and signed) compliants about their noise level, they will be expected to move.

Do NOT let your LL tell you that you have to move because they have been there longer than you. That's plain crap.. If she keeps on with that line of reasoning, go over her head. Its your RIGHT to live in a peaceful environment.

Hope I helped...

 

[porcelina68]

I take it neither of you has ever had, or witnessed a toddler attempting his or her physical development. Sorry to say, but unless your neighbors carry the child around 24 hours a day, there is no possible way that you are not going to hear "something". I would suggest that you ask your landlord to look into the type of flooring, etc upstairs. Good carpet and pad add quite a bit of noise reduction.

 

[CA girl]

California

Thank you both for your replies. Yes, we do have rules about noise, but the LL interprets them the way she wants to. I know that I am entitled to the quiet enjoyment of my own apartment, but if I push the issue, she will either give me a notice to move or raise the rent so high that I would have to move.
I really can't afford to move again.

I actually did raise a child, but I didn't let him run in the house when we lived above someone else. I don't mind an occasional run across the floor, but when their 3 year old continues to run accross the floor and jump for 20 minutes at a time and this goes on all day until 11:00PM, it is too much.

Since the LL called these people last night, they have gotten much louder. The adults are actually stamping across the floor. I think the LL told them that she was going to make me move if this wasn't resolved. I don't know any other reason that it would get worse after she talked to them.

 

[HomeGuru]

California

Thank you both for your replies. Yes, we do have rules about noise, but the LL interprets them the way she wants to. I know that I am entitled to the quiet enjoyment of my own apartment, but if I push the issue, she will either give me a notice to move or raise the rent so high that I would have to move.
I really can't afford to move again.

I actually did raise a child, but I didn't let him run in the house when we lived above someone else. I don't mind an occasional run across the floor, but when their 3 year old continues to run accross the floor and jump for 20 minutes at a time and this goes on all day until 11:00PM, it is too much.

Since the LL called these people last night, they have gotten much louder. The adults are actually stamping across the floor. I think the LL told them that she was going to make me move if this wasn't resolved. I don't know any other reason that it would get worse after she talked to them.

**A: simply call the police each and every time.

 

[CA girl]

Noise

Will the police respond to a noise complaint of children running and jumping over my head? The problem is that it stops and starts and it may have stopped for a time when they get there. If that were to happen, I doubt that they would come back a second time.

 

[Marriedat19]

I have the same problem with our upstairs neighbor, but yet he has no kids. I swear this man never sleeps. We will hear him walking...ahem...stomping around at 4 in the morning, banging things....it gets very annoying and we contacted the LL once, but yet nothing changed. Good luck with your situation.

 

[CA girl]

Have you tried talking to the man directly? Sometimes people just don't know how loud they sound. At least after you talk to him, he will automatically think of what you said when he is walking around at 4AM. Maybe your landlord did not say anything to him. I would at least try that.

Good luck with your problem, too.

 

[porcelina68]

Will the police respond to a noise complaint of children running and jumping over my head? The problem is that it stops and starts and it may have stopped for a time when they get there. If that were to happen, I doubt that they would come back a second time.

I seriously doubt that the police would even bother with a complaint like that. Children running around inside an apartment isn't illegal.

Check with your landlord regarding the type of flooring in the upstairs apartment. (as was suggested before). If they anything but carpeting, it could be the reason the noise resonates as it does.

 

[CaRenter]

Yes, the police will respond to a noise complaint like that, they will likely act really annoyed, and tell you it is a civil matter, but they will go to the door of the parents and inform them. I know because I am the mother of a son, who according to the downstairs neighbor, makes too much noise.


You may want to consider however, that with the child being 3 years old, he will likely begin preschool in the fall, and will be gone for several hours, and will likely begin going to bed at a much earlier hour, which will alleviate alot of the problems right there. You may want to suggest to the child parents to try buying the child a good pair of thick slippers or booty socks, that may help muffle some of the noise also.


As you have the right to the quiet enjoyment of your unit, they also have the right to live their lives as long as they are not making excessive noise. Unfortunantly is seems to be more of a matter of opinion what constitutes excessive noise, because I have been searching for specifics for 2 days and have yet to come up with anything. Good luck to you, I am on the other end of a similar situation, and I can promise you that it is not fun either! I hope everything works out and that you and your neighbors can resolve this in a manner where everyone is happy!

 

[DiannaMaria66]

Why not trade apartments?

 

[CaRenter]

Legalcuriosity,

Are you stupid or something? Kid scream, stomp and throw crap. That is simply being a kid. My child when just over a year old began screaming at the top of his lungs, just because he discovered he could! How would you suggest one get control over a baby with developing lungs? Where do you get off saying that these are roudy, ill-behaved children? I'll have you know that part of the noise problem with my son is that he likes to wake up early in the morning and sing "I love you" songs....yes, you've guessed it, he is an evil, bad, rowdy child. I have completely lost control of him, and he will probably lead a life of crime because he sometimes skips instead of walks across the living room because he is so dang happy. You are obviously a nut case with no children....and I wonder why

 

[Marcano]

I Sympathize

I'vd lived above a family with 2 adults and 3 children...in a ONE bedroom apartment for years. The noise from the kids running back and forth and their stereo speakers blasting up through my living room floor could drive a person crazy. My problem is the people underneath them don't want to get involved or just don't care...and neither does my landlord. Nevermind that it's illegal as well.

The problem usually lies with the landlord. Unless he/she is willing to go to bat for you, unfortunately, other than housing court which is costly, you might have to endure this. I have tried talking to these people nicely when I first moved in, it only got worse. Letters to the landlord, practically begging! I've even called the cops. And I understand as well that living in an apartment, you are going to hear noise. But there is something called consideration...my neighbors don't have it, and it doesn't sound like your does either...

I've started looking around for another apartment!

 

[CA girl]

Thank you all for your replies. I really do appreciate them. I can see that I am one of many with similar problems. I really do love children, and as a matter of fact, I am getting ready to adopt an older child. I am not asking these people to tiptoe around in their own apartment and I know that children will occasionally run across the floor or knock something over. This is normal and expected noise. I only ask that they do not let them run back and forth and jump and throw over furniture for 10 to 20 minutes at a time, then stop for a minute or two and start all over again. It goes on for hours. The father is home with them during the day and he works at night and the mother is home with them at night. The biggest problem is at night. It goes on from about 5:00PM to 11:00PM. The mother has become spiteful since I have complained and has taken to stomping around herself. They either jumped or threw something down last night so hard that it knocked my light bulbs right out of the cabinet. I called the LL and she said to call her back if it goes on after 10:00PM. When I adopt my child, she will be going to bed much earlier than that for school. The mother also told the LL that she felt that I was harassing her by complaining about them,(twice) and was going to take action against me. Give me a break! I have always been considerate of my neighbors and I really don't understand how someone could be so inconsiderate and then try to turn it around and blame me for complaining.

 

[fallenangel9218]

Sorry to tell YOU, but that is a pathetic excuse for allowing your rowdy, ill-behaved child to continue like that. Get control over your child. Start with the behavior skills NOW. And stop with the excuses.

I don't care if the child is 1 or 21 -- YOU as a parent are responsible for the actions of that child. If you are allowing your child to throw crap around, stomp and scream, you are pathetic. It's no different than controlling a pet. Are some of the people with children THAT stupid that you don't think for a minute that stomping, screaming and other noises your child makes is not bothering your neighbors?

Stop with the freaking pathetic excuses and start getting control over your kids. While you're at it, how about showing some common courtesy. God I hate inconsider ass neighbors like that. If you want to make all the noise in the world, then buy a house?

Oh, you can't afford one. Oh well...the follow the rules of your lease!

OP...you need to document every single incident, including time and date. You should also look into your local noise ordinances as well. It's no different than someone's dog barking incessently. Kids screaming and stomping and throwing stuff falls under the same category. The landlord can NOT order you to move. I would consider that retaliation and that is illegal. Take your complaints above the landlord to THEIR boss. There are several steps you must take until you even have an option to file a suit in small claims court.

Your so right these people should tie that 3 year old to a chair and get some duct tape. God forbid that child has adhd or any other chemical imbalance either.
I run a day care I am around 3 year olds all day long not to mention I have two small children of my own. I agree 11:00 PM is way to late for a child to be up, but then again it could have to do with the schedule of the parents. Do you know what these peoples work schedules are?
I feel for both parties here but was so offended by this person post I felt like saying something.
Kids will be kids. 3 year olds fall down a lot knock stuff over they don't have the best coordination yet. From what I have read this child is being just that a child.
Are they throwing parties until 11 pm or blasting their stereo or TV? to me those are grounds for eviction. Not a three year old being a 3 year old.
To the OP I feel for you . One thing you might try is ask the landlord if you can change apartments at their expense to one upstairs. To me they should put families with small children on the bottom floor because of issues like this. It is not fair to you but it is also not fair to the people above you because they have a right to let their child be a child and toddlers make a lot of noise.
And to the person that made the post I am replying to . it is people like you that should never have children. You obviously have no patience at all. where do you get off saying this child is ill behaved . I might add what sounds like running around to her/he might not be .