What legal discourse do we have? Neighbor plays drums. (apartments, renter)

[kg531]

I hope someone can help- we are desperate and in need of assistance.

Moved into a condo in August, 2009. read over noise rules beforehand and they seemed fairly strict- down to the fact that we can not wear hard heeled shoes, we must remove them upon entering our unit.

Our downstairs neighbor plays the drums, and my lord- it's LOUD. They also create vibrations that make it so you can't even drown out the noise. We can not have windows open, because then it is amplified even more. Our complaints have ceased the drumming at night, but it continues during the day, to the point where i can no longer work from home. We have written letters to the tenant and have spoken to him face to face. We have asked our Condo management office and they have told us repeatedly that there is no specific rule regarding musical instruments (huh?).

What can I do? We don't want to move- we researched and spent months waiting for an end unit on the top florr of this building. We are renters and so is the man living below us. I have obtained the owners address by means of the public record office but don't know where to go from there. We can't afford to hire a lawyer. Does anyone know if I'm within my legal rights to send a letter to the unit owner? What should I say?

I should also mention that the tenant downstairs is visibly (and audibly) upset with us for complaining about the drumming that he now stays up at night and creates noise. The situation is getting very ugly. I am scared to call the police because I know from experience that nothing will happen, and I face getting cited for wasting their time.

help please!

[lititzman2003]

Originally Posted by kg531

I hope someone can help- we are desperate and in need of assistance.

Moved into a condo in August, 2009. read over noise rules beforehand and they seemed fairly strict- down to the fact that we can not wear hard heeled shoes, we must remove them upon entering our unit.

Our downstairs neighbor plays the drums, and my lord- it's LOUD. They also create vibrations that make it so you can't even drown out the noise. We can not have windows open, because then it is amplified even more. Our complaints have ceased the drumming at night, but it continues during the day, to the point where i can no longer work from home. We have written letters to the tenant and have spoken to him face to face. We have asked our Condo management office and they have told us repeatedly that there is no specific rule regarding musical instruments (huh?).

What can I do? We don't want to move- we researched and spent months waiting for an end unit on the top florr of this building. We are renters and so is the man living below us. I have obtained the owners address by means of the public record office but don't know where to go from there. We can't afford to hire a lawyer. Does anyone know if I'm within my legal rights to send a letter to the unit owner? What should I say?

I should also mention that the tenant downstairs is visibly (and audibly) upset with us for complaining about the drumming that he now stays up at night and creates noise. The situation is getting very ugly. I am scared to call the police because I know from experience that nothing will happen, and I face getting cited for wasting their time.

help please!

Not trying to sound harsh but I think you should have been content when the other tenant agreed not to play the drums at night. I don't know the specifics of the condo rules but you really can't expect your neighbors to be completely quiet during the day because you work at home. I know it's annoying but your neighbor has a right to live his life as he sees fit. Now that he's mad at you he's going to continue to aggravate you by being extra noisy, and calling the police will only infuriate him even more.

Did you thank him when he stopped drumming at night? If not, maybe bake him something and try a nice approach. Mention that you're sorry that the both of you got off on the wrong foot. See if that changes anything. Most people will respond better to a kind hand then to a clenched fist.

Good luck.

[Eyes]

If all else, legal, has been exhausted ..
Take up tap dancing .. see what happens ...

[solibs]

what is solving the problem worth to you? I would find the owner of the condo in question and send him a nice gift card for dinner at Tinto. Explain the problem and let him know you're willing to "work" with him to help him find new tenants.

[slippypeople9]

ever thought of trying to learn the bagpipes? nothing worse than bagpipes.

maybe you could take up the drums as well - at least it will cover his drumming up and get him off the beat.

practice pads for the drums?

Mod cut - inappropriate

start making a hideous smell ...

[BriInNH]

My opinion ( as a drummer of 20 or so + years)

notify the Police. There are such things as "quiet hours", but also such thing as disturbing the peace. Have a police officer witness and listen to the sound levels from outside the building. This will likely get the problem solved.

However, if this does not work (which I do not see why it should not), offer to buy the drummer NOISE CANCELLING pads. These are fairly cheap and very effective.

I am pesronally peeved at people who cannot control their noise level, having been a renter and lived a "community" lifestyle previously. I played electronic drums which are basically tapping compared to acoustic drums while living in apartments and no one complained. Now as a homeowner I can basically play freely.

Anyway, the police should be able to help you, as any loud noise heard outside that is disruptive is technically disturbing the peace.

[ToneGrail]

Check and see what the local laws dictate. In my jurisdiction, if you can hear it standing from a distance of 50 ft away regardless of the time of day, you're guilty of a a noise violation ($600 fine + court costs). One of those oughtta shut him up. Call the police.