Too much noise?

[Tenant4toolong]

What is the name of your state (only U.S. law)? Springfield, NJ

I live in a 2 story 4 apartment building with an absentee landlord. We have 2 small kids 3 and 6m. The LL came over to discuss the new lease and rent increase with us and he mentioned that some of the tenants have complained about our noise. When asked what exactly was said he replied he didn't want to say more cause he didn't want to cause "conflict amoung his tenants". We have a schedule they are both down by 8p the 3y/o is up at 730a for school leaves 820a back at 1215p, nap from 1p-3p. The 6mo is up at 9a but is not mobile. We do play in the LR, walk around the apt., and watch TV.

Anyway my fear is being evicted for the noise, can we be?
I googled my queston and came up with yes and no answers...one is no cause kids will be kids and the noise in off before 10p but yes cause we can be inteferring with the others quiet enjoyment, which is right?

Now we have neighbors next door in the building who are single, have parties every fri and sat with loud music, slamming doors, loud talking in the hall until 1-2a but never complained. The girl under us plays loud music early in the morning before 7am or late night after 10p and lately has drunk guests coming over in the middle of the night ringing our bell...the front porch is dark and our bells are next to each other.

Is all of this just typical apartment living? We are the new ones and feel like we are thrown under the bus alot for things (i.e. the day after we moved in there was a foul smell in the hall and the tenants told the then LL that it was from us cause we had old diapers in the hall which was not at all true but we got called at 7am and told to throw them out by the LL...later found out it was a dead mouse in the wall). Any advice is helpful too to protect ourselves?

 

[FarmerJ]

Do you live in one of them 4plexes that were built in the late 50s early 60s ? if so alot of them easily transmit sound from one unit to the next. About the only things you can do is if your a second floor tenant and have hard wood floors or hard surface flooring buy your own area rugs or room size rugs and lay them out over the heavy traffic areas in your unit and just pay attention to your homes noise. If your LL already renewed with you the next time it comes up , smile and ask the LL if anyone has complained about noises from X, Y, Z (sources ) as you also remind him your home has a set time where it becomes quiet in the evening due to your childrens ages and keep smiling as you show him the new rugs to help deaden noise then ask ` did the neighbor who complained call the police and file a complaint? when LL says no then smile ` well you know then it couldnt have been as bad as they claimed other wise a reasonable person would have called the police but if you would like I certainly will start calling when there is unreasonable noise after 10 pm? turn it all around , If he doesnt have police reports to prove you made noise that was not reasonable then LL will have a harder time attempting to prove the claims are true enough to satisfy a court when asking for a eviction based on noise complaint.

 

[Tenant4toolong]

Thank You Farmer J for the reply! The building was built in the 40s and the sound proofing is non existant (I can go to the basement to do laundry and hear my home phone ringing 4 flights down). We do have area rugs around too but I guess they aren't helping much, maybe put padding down under them will. I spent the day finding ways to play with the kids on my bed to keep the noise level to nothing.

The LL did come around to discuss the repairs he wants to make and he did apologize for even saying anything. He did say as long as it's not after 10pm we aren't breaking any rules/laws. He said he didn't realize our 3yo was special needs and has moments when he acts out so he knows it's "normal" noise not as crazy as implied. He did hint it was the girl downstairs (the one with the drunken guests who ring our bell at 130-2am and doesn't even apologize) cause he did say the person "understood" our situation since she is around small kids all day (she is an elementary school teacher) and knows they get excited and make noise.

Apparently drunken middle of the night visits that disturb us are okay, little kids are not (in her world anyway).