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I live on the top floor and am divorced and live alone. My children (10,12 y/o boys) come to visit me two weekends a month. Their bedtime is 9pm and we are never up past that time.
The lady below told me that she can hear everything in my apartment and asked me to get the kids to stop running up and down the stairs to the apartment. I told them not to run and we now walk VERY quietly up and down the stairs. But they still play in the apartment, sometimes argue with each other, just live normally basically. I have told them to speak quietly and try to keep things under control. But they are children.
I received a notice from the complex management company that there has been excessive noise coming from my apartment on "certain weekends of the month". I have been warned to address this or else.
If the kids are here only two weekends a month, would a Court consider this to be excessive, even if they did make a lot of noise (which they don't) and they're only up during reasonable daytime hours? I try to keep them out of the apartment as much as possible on those weekends, but I believe that I am entitled to use of my apartment too. Could the complex non renew me when renewal time rolls around?
The police have never been called, of course.
When I am alone I NEVER watch TV or play my stereo and walk barefoot and literally tiptoe up and down the stairs. I try to be a good neighbor. When I moved in she told my movers to be sure that my computer does not go in my bedroom because she could hear it if it was in there and did not want her sleep affected. I do not think that she ever hears a sound from my place when I am home. I even try not to flush the toilet too many times a day.
The complex is not adults only. There are other children living in it and the complex was totally aware that my kids would be visiting twice a month. I asked them before I signed the lease if that was OK and even had them meet my kids.
The kids do not play drums or anything like that. Even when they play video games they keep the sound turned down. I have told them to control themselves, that the lady downstairs is a pain, and they have to behave while they are with me. But they do fight and argue sometimes and I do go and put an end to it. But I can't make them behave perfectly all the time and they do play and act like children, which they are, and yes they do make noise sometimes. They are not goldfish.
Also - I purposely asked to rent a top unit just because I did not want to hear people over me walking around. She is in a bottom unit and I did not build this complex - it is not my fault if she hears us above her.
Can I be non renewed or even evicted? What is "excessive"?
You cannot be evicted given what you describe but any LL can decide not to renew a lease at the end of its term and isn't required to give a reason for non-renewal. Likewise you as a tenant can decide not to renew when the lease term is up. Read your lease as most have a clause stating how long in advance of the end of the lease term you should notify or be notified of non-renewal from either party. If neither party does anything the lease automatically becomes a month to month under the same terms and conditions as the original lease. If your lease DOES segue into a month to month, most jurisdictions require a 30 day written notice of quit from either party but some require a 60 day notice so check your state's landlord tenant laws (Google "(your state) landlord tenant laws".
Evicted is difficult for noise. Non-renewal is easy. The LL does not have to give you a reason to non-renew. You don't have to give the LL a reason to non-renew a lease. If there are problems and the other tenants are complaining about you, then the LL may take the easy road and not renew your lease.
Can I be non renewed or even evicted? What is "excessive"?
Yes, your landlord has the option to not renew your lease. Even though its only once or twice a month its annoying to your neighbor and she has the right to live in peace and quiet.
Yes, you can be evicted. Its called Evicted for Cause.
It sucks that you are in this situation, but if you are going to have your kids over and this is an issue, you should consider moving downstairs, or over someone else who works during the hours they are awake. (its possible)
Living in apts is difficult when it comes to noise. But the person who is making the noise really needs to offer the solution.
You should already be able to empathize with your neighbor because for this very reason you live upstairs.
I agree with the others. Your LL can definitely decide to not renew your lease.
Also your neighbor has a right to peace and quiet in her apartment at all times, not just when your children aren't visiting. Your kids aren't her problem; why should she have to tolerate excessive noise? Also even if you are really trying to not make noise the insulation and sound-proofing between the units may not be adequate anyway. But that isn't her problem either; it's yours, because your kids are the ones making the noise.
Why not just move into a ground-floor unit, or consider renting a SFH instead?
My landlord lives above me and her 9yr old son plays "basktball" inside the house. I have spoken to my landlord may times since last Christmas when he first recvd the indoor basktball game. My fixtures shake, I have many frames fall and brake off my walls,my daughter cannot do homework or study in her room because of the noise. It sounds like I live under a bowling alley. On week ends he starts 7:00a.m.!! I have askedd to have the hoop moved or put it outside, but no solutions, they laugh, and I have to hear oh he is a boy, or we told him to "calm" down! Is this unreasonable, I am a very good tenant, I have been here for over 8yrs, neat and quiet.
nerf
It's a shame but your only solution is to look for somewhere else to live and not renew your lease when it becomes due. Hopefully the boy will soon tire of the game and you could always buy him a computer basketball game for Christmas! Good luck.
When I moved in she told my movers to be sure that my computer does not go in my bedroom because she could hear it if it was in there and did not want her sleep affected.
Since when do movers take orders from someone not paying the bill?
Give your notice for the end of the lease and tell your kids to have at it on their last few visits.
The OP did not provide enough information. Some rent controlled areas prohibit non-renewal for minor noise.
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