Looking for advice from Iowans on neighbor issue (Des Moines: apartment, rental)

[Tia 914]

I've found plenty of info on this topic (various websites) but none is Iowa-specific.

Upstairs neighbor has a child 5 yrs old. She also provides childcare for at least 4 grandchildren, all younger than her child, 6 days per week. The way she worded it "from early in the mornings til late at night, and sometimes they stay over." Unfortunately, she doesn't take childcare seriously- the children run wild and raise holy hell constantly, but if they bother her when she's watching t.v. she screams at them, threatens them, bellows at the top of her lungs.

Kids run throughout the apartment, jump, stomp, trip and fall, scream, cry, and she can be as loud as they are. It's like living under a combination of a daycare center and a playground.
There have also been times she's had extra people living there who weren't supposed to be.

When this started, I brought it to the manager's attention. She told him what he wanted to hear, and then approached me to say nothing was going to change. And it hasn't. I can't concentrate to work, sleep, read, and am totally exhausted. My nerves are shot from the stress. An elderly lady who lives behind me has been going through the same thing.

I can't really afford to move, and don't see why I should have to go through all the aggravation of moving over one tenant's behavior. For the last few months we've had a new manager- do you think I'd be wasting my time to inform him of what's been going on, or is there a better option?

[ElleTea]

Ugh. I feel your pain. I lived across the street from a rental house that usually had nice tenants. One family, though, was a woman with 4 or 5 kids that she let run wild. I saw them beating the neighbor's window air unit with a baseball bat, they screamed at all hours, called me bad words when I was in my yard while she sat and did nothing. Finally a neighbor saw them trying to bust open their electric meter and called the police. Cops came, family moved shortly after.

I don't really have any advice other than going to the landlord again. Document any and all disturbances and conversations with the woman. Maybe see if you can record audio of the noise. Landlord has to deal with it. Heck, if it is bad enough and is all hours, maybe the police can get involved I this case, too.

Good luck.

[duster1979]

It certainly won't hurt anything to go to the new manager. If she ever has more than 5 kids and gets paid to watch any of them you may be able to make the case that she needs to have a daycare license, but if they're all family it would be a little tougher.

I doubt the law will get involved unless you want to file a complaint against the landlord for not addressing the issue which would likely create an uncomfortable situation.

Good luck.

[Tia 914]

An additional complication: I don't really know who the actual landlord is. It's the first place I've ever lived where the identity of the building owner was so "shrouded in secrecy."
Awhile back, I asked about this to the department that keeps property records, the lady gave me a link to the site, and I wrote a polite detailed letter about this issue and also mentioned the previous flooding. I didn't receive a reply, the letter wasn't returned to me, but when I Googled the address all that came up was some kind of food services company.

I don't want to risk getting evicted by "making waves," but what I have to tolerate nearly every day is downright awful.

[duster1979]

The ownership situation isn't all that unusual. There are many businesses that own rental property strictly as an investment for one reason or another and leave all the management issues up to a third party manager.

[ElleTea]

Originally Posted by Tia 914

An additional complication: I don't really know who the actual landlord is. It's the first place I've ever lived where the identity of the building owner was so "shrouded in secrecy."
Awhile back, I asked about this to the department that keeps property records, the lady gave me a link to the site, and I wrote a polite detailed letter about this issue and also mentioned the previous flooding. I didn't receive a reply, the letter wasn't returned to me, but when I Googled the address all that came up was some kind of food services company.

I don't want to risk getting evicted by "making waves," but what I have to tolerate nearly every day is downright awful.

You have the right to "make waves" because you have the right to live in peace.

In larger areas it is somewhat normal to not know who the actual landlord is and for you to deal with a management company instead. If you want to send a letter, send it certified, signature required. You must have a contact of some sort; who was it that showed you the place and went over the lease when you signed? I would start with them.

[Tia 914]

Originally Posted by ElleTea

You have the right to "make waves" because you have the right to live in peace.

In larger areas it is somewhat normal to not know who the actual landlord is and for you to deal with a management company instead. If you want to send a letter, send it certified, signature required. You must have a contact of some sort; who was it that showed you the place and went over the lease when you signed? I would start with them.

Well, when I first rented, it was from the original landlords. The team of two landlords, plus their manager, all discussed the lease, terms, etc., with me. They were really super people.

The problems started when they sold the buildings. Since then, there have been 3 different management companies, with a total of 6 different managers, one after the other. The first of the new managers was the one responsible for my family being in a flooded, moldy apartment for many months. When the next company took over, the second manager assisted me in moving to a different apartment and gave me a new lease. This manager was also the one who rented to the tenant I'm talking about. I've heard he's now a supervisor at the current management company.

When the original landlords sold, tenants were told we'd continue to be under the same lease terms. The only difference I've noticed is the originals had a $5 per day late fee, whereas there's now a $40 late fee if rent is even a day after the deadline. However, I never received a lease from the current company, as they rent on a month-to-month basis.

Yes, tenants' rights to live in peace, and tenants' obligation to conduct themselves and their guests in a manner that doesn't disturb others, was in both leases I received. However, the manager I addressed this to when the problems started said the only enforceable 'quiet times' are between 10 p.m. and 8 a.m.

[ElleTea]

Originally Posted by Tia 914

Well, when I first rented, it was from the original landlords. The team of two landlords, plus their manager, all discussed the lease, terms, etc., with me. They were really super people.

The problems started when they sold the buildings. Since then, there have been 3 different management companies, with a total of 6 different managers, one after the other. The first of the new managers was the one responsible for my family being in a flooded, moldy apartment for many months. When the next company took over, the second manager assisted me in moving to a different apartment and gave me a new lease. This manager was also the one who rented to the tenant I'm talking about. I've heard he's now a supervisor at the current management company.

When the original landlords sold, tenants were told we'd continue to be under the same lease terms. The only difference I've noticed is the originals had a $5 per day late fee, whereas there's now a $40 late fee if rent is even a day after the deadline. However, I never received a lease from the current company, as they rent on a month-to-month basis.

Yes, tenants' rights to live in peace, and tenants' obligation to conduct themselves and their guests in a manner that doesn't disturb others, was in both leases I received. However, the manager I addressed this to when the problems started said the only enforceable 'quiet times' are between 10 p.m. and 8 a.m.

I had an issue with a landlord once, and I sought out a tenant advocate firm, but I can't remember the name of it. They were a firm who, at no cost to you, would speak to the landlord/management company on your behalf if you were not getting an issue resolved.

A quick Google search found this:

Tenant/Landlord - Services - HOME Inc. - Des Moines, Iowa

Not sure if that can help, but it did in my case. We lived in a complex where the neighbors were beyond noisy on both sides at all hours, and cigarette smoke was coming into out unit via the heating ducts which caused me to develop a cough that "miraculously" went away when I left the apartment. We were forced to break our lease and the advocate group was able to resolve the unpaid balance on the lease on our behalf.

I know my situation is not quite the same, but it is worth a shot. Of course, since you no longer have a lease, you could risk being evicted with a 30 day notice.

In the mean time I would definitely document all disturbances, no matter the time of day.

[Tia 914]

Originally Posted by ElleTea

I had an issue with a landlord once, and I sought out a tenant advocate firm, but I can't remember the name of it. They were a firm who, at no cost to you, would speak to the landlord/management company on your behalf if you were not getting an issue resolved.

A quick Google search found this:

Tenant/Landlord - Services - HOME Inc. - Des Moines, Iowa

Not sure if that can help, but it did in my case. We lived in a complex where the neighbors were beyond noisy on both sides at all hours, and cigarette smoke was coming into out unit via the heating ducts which caused me to develop a cough that "miraculously" went away when I left the apartment. We were forced to break our lease and the advocate group was able to resolve the unpaid balance on the lease on our behalf.

I know my situation is not quite the same, but it is worth a shot. Of course, since you no longer have a lease, you could risk being evicted with a 30 day notice.

In the mean time I would definitely document all disturbances, no matter the time of day.

Well, I happened to run into a site on Iowa landlord/tenant/rental law, and it says if a tenant comes forward with legitimate complaints, it's illegal for the landlord to 'retaliate' by either evicting or increasing the rent within a one-year period.
But of course simply because they can't legally do it, it doesn't mean they wouldn't at least try. And that's still my main concern.

Thank you for the link- I'll check into it.

[ElleTea]

Originally Posted by Tia 914

Well, I happened to run into a site on Iowa landlord/tenant/rental law, and it says if a tenant comes forward with legitimate complaints, it's illegal for the landlord to 'retaliate' by either evicting or increasing the rent within a one-year period.
But of course simply because they can't legally do it, it doesn't mean they wouldn't at least try. And that's still my main concern.

Thank you for the link- I'll check into it.

It is just a bit of a worry because you don't have a lease. They could evict you for another fabricated reason. I would hope they wouldn't, but you never know.

Good luck!