extreme noise problem at my apartment- need advice!! (lease, lawyer)

[sweetkait22]

i got an apt in south austin about 5 months ago. its my first time renting and i made the mistake of picking one on the first floor of a three story building...

had no problems for the first month, when the apt above me was vacant! then, two deaf girls moved in above me. they brought not one, not two, but three dogs with them. they do not work and they never leave home except when its time to let their dogs **** all over the sidewalks. which, by the way, never gets picked up.
they stay up making the most insane, loud, intolerable noise pretty much every single night. it sounds like theres giant pandas playing dance revolution up there. some nights its worse than that, like theyre picking up 400 lb filing cabinets and smashing them on the floor. most of the crashing and banging happens when im in bed, trying to sleep. it gradually gets louder and more creepy the later it gets.

i have emailed, called, and talked to the manager and asst manager three or four times in person. after 2 months of complaining, he said he would move them to another unit by the end of that month. welp, that didnt happen! i was out of town for a month and a half and things had seemed to improve... until last week. the noise is the worst it has ever been, like theyre making up for lost time. its even been shaking my walls and ceilings... and remember, all this is happening between 2-6 am.

i dont know what to do. ive considered calling the cops the past 3 nights, but i dont know what good it will do. talking with the manager and the written complaints have gotten me nowhere... i dont want to have to move but im so fed up at this point, i want to get out of my lease. i cant live like this. im miserable here, and the loss of sleep is really wearing on me.

is this something i might need a lawyer to help me with? is what theyre doing illegal since im being harassed every night in my own home?
help me, people!!

[mwv]

Research "constructive eviction" and get out the lease after you make the following efforts: Make recordings and document everything. Send a certified letter to the owner- not just the manager.

Calling the cops is a good idea if the noise if constant enough, as they will file a report on what they witness and that also can bolster your case. Get badge and report # etc from officer. If it's not chronic enough, don't bother.

[RevMen]

I feel for you. If the manager was willing to move the upstairs neighbors because of the noise, at least that's some sort of acknowledgement of a problem. Hopefully you have some emails along those lines to help establish a record.

[sweetkait22]

idk what box to type in!! yeah ive got the emails but just as luck would have it, he promised to move them verbally....
id move to another unit if that was my only option, but then the next person to move into my apt would only have the same problems.
he said he would move them months ago- and now ive been forced to stay with friends a lot of nights just to get some sleep. hes preventing me from living there technically, right?

[RaleighLass]

You might want to check this out Lease Clauses: What about noise and tenants who disturb their neighbors? (ABA Division for Public Education)

Your landlord is the key. They need to take action. You need to keep detailed records, get everything in writing. I would not move, I would ask the LL to handle it. If you wanted to play hardball, you could contact an atty and have then send a letter. Normally this will cost about $100 max.

[atxcio]

Ask the landlord to move YOU instead of the upstairs people. That's how it typically works -- they'll move the complaining party. Document your complaints, find anything that needs fixing and ask for repairs immediately on everything, just all together be a pain in the ass but let them know you'll be a happy camper if they give you another unit... a nicer one.

[RaleighLass]

Originally Posted by atxcio

Ask the landlord to move YOU instead of the upstairs people. That's how it typically works -- they'll move the complaining party. Document your complaints, find anything that needs fixing and ask for repairs immediately on everything, just all together be a pain in the ass but let them know you'll be a happy camper if they give you another unit... a nicer one.

Right, but why should she be further inconvenienced? Clearly these folks aren't aware they are too loud. And, they need to be on the ground floor so they can't bother future neighbors below them - if the OP is moved. As the mgr, it's going to be much more work to keep moving whomever lives below them rather than putting these women on the ground floor.

The mgr needs to talk with these women and move them.

[atxcio]

Originally Posted by RaleighLass

Right, but why should she be further inconvenienced? Clearly these folks aren't aware they are too loud. And, they need to be on the ground floor so they can't bother future neighbors below them - if the OP is moved. As the mgr, it's going to be much more work to keep moving whomever lives below them rather than putting these women on the ground floor.

I know it's not necessarily right, but managers think there is less hassle moving the complainer, especially if there is only one. I mean, as far as the upstairs people are concerned, everything is fine. Presumably they are paying their rent. So why **** them off (again, this is the management thinking, not mine)? It's easier and potentially less liability to move the person complaining. Yes, the next tenant might complain, but I don't think they usually look that far ahead. And if they have vacant units, they probably are thinking "might as well swap a vacant unit somewhere else and leave this one vacant, instead of getting 2 tenants mad rather than just one".

Anyway, that's how I've always heard it was done -- move the complaining party. In fact, I'll bet the manager that the OP talked to (if it was even a manager) didn't know what he was talking about. They probably wouldn't move another tenant based on complaints unless they were evicting them. So he shouldn't have said it. Now, this case is unique and you are correct that these particular tenants should be on the ground floor... but if I were the OP, I wouldn't hold out hope that management will do this.

Best case, IMO, would be to get a nicer unit out of the deal. If it's the OP's first time renting, perhaps she doesn't have a whole lot to move anyway.

[RaleighLass]

OK, I see what you mean, you are right!