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We ran into the EXACT same thing with two neighbors where we use to live (3-story building, we lived on bottom floor). "If you don't like it, move out" we were told by an upstairs neighbor, concerning the noise his kids were making (WWF style playing). We COMPLETELY sympathize with you, but, unfortunately, complaining to any kind of management really doesn't help. One thing you could do is record the noise that is being made and have management listen to the recording. Apartment living is NOT like living in a house, but so, so many people/families act like it's a house. Then, you have the people that just don't have ANY respect for others living below them!
We now live in a "bungaloo" style/1-story apartment that is attached to the rest of the apartment building at a corner of our apartment. We can get some noise from the neighbors next door and above the spare bathroom, but we simply close that bathroom's door.......no more noise! Management here have told me there is a long list of people waiting to rent the same type of apartment we are in. There are only 4 in the complex.
Quote:
Originally Posted by Photography
Before you go making assumptions, yes, that was my first step to try and resolve this issue. I introduced myself to him and kindly spoke to him about it. He was very rude and inconsiderate to begin with, and he didn't care that he was making a lot of noise.
I don't need commentary or speculation on what you think I did or did not do. I asked for advice only. If you're not willing to give advice or suggestions, then please save the useless commentary for yourself and don't bother responding to this thread. Thanks.
[FONT=Verdana]I have been going through hell as well with a very loud heavy walking tenant above me. I have to listen to this extremely loud walking from the time I get home from work until the tenant goes to sleep. The weekends are the worse if I'm home because it goes on all day and night. Not only is it the loud walking, on a few occasions, I've had to listen to loud music & singing (tenant and her guests), furniture dragging loudly across the floor – this happens quite often, items being dropped onto the floor loudly, and shouting/yelling. I can't even sit out on my balcony to get relief because I can still hear the noise. I have to keep all my windows closed, put on the air conditioner the whole time I'm home, and sleep with a fan on every night. I don't know what I'm going to do in the winter time (gets cold her in winter) as I won't be turning the air-conditioner or fan on. I have also tried talking nicely to the tenant but they did not think it was an issue. I have sent the building administrator several complaints in writing and have gone and spoke to them in person several times. The first time I complained about the loud music and singing was on a Sunday evening when it was still going on after [/FONT][FONT=Verdana]11:15pm[/FONT][FONT=Verdana] - I have to be up early for work. When the superintendent tried to knock on the tenant’s door, they would not answer and then they turned the music up louder. This has caused a lot of stress and is affecting my health. I have been getting anxiety attacks, tension headaches and I'm not eating well because when I try to sit down for dinner, the constant thumping on my ceiling makes it too hard to eat as the sound gets into my chest and head. Many times I have to just throw my dinner in the garbage. Even when I'm at work or out, I dread coming home because I don't know how bad it's going to be when I get home. Many times I just sit on my couch or bed and cry. Then there is my poor cat who also can't handle hearing all the thumping and other noise. She is also suffering a great deal and hides in the closet most of the time. Recently, as a last ditch effort after getting so upset and angry, I sat down and wrote out a letter to the tenant and landlord explaining exactly how this is affecting me and that I would be willing to pay for carpeting or mats to be placed in the tenant's apartment. I also stated that if the noise continues, I will have no choice but to take the Landlord to the Rental Tribunal and try to have them enforce carpeting as the tenant has refused to put any type of carpets or mats down on the bare floor of their suite. Well that didn't go over very well - a few days later, I received a note from my Landlord saying the tenant found my letter very threatening and was going to call the cops as they were afraid for their safety - WTF???? I was so angry when I heard this. This tenant is the one who has friends over all the time. I live alone and rarely even have people over because the few times I have, the thumping was so annoying we had to go out. So, here I ponder what the heck to do as I hate to think about moving as I just moved in over a year ago and can't afford moving to my own house. I've already asked if I can move into another apartment but management said no they don't transfer tenants to the same size apartments and that there are none available. One time a few months ago, the landlord came to do a sound test - what a joke! He called the tenant above and advised he was going to listen to them walk from my apartment. The tenant walked once a few steps at a much lighter tread than normal – how in their right mind would walk as heavy & hard as they normally would when they are being listened to for a noise complaint? Sure it's easy for someone else to come in a hear the tenant above me walk for a few seconds and think it's not that bad but try listening to it every single day on top of all the other noises it drives you mad over time. I have started to really get angry now and see no other option besides taking this to the Tribunal or start trying to think of ways to drive the tenant nuts so they can understand what it’s like to hear constant noise. I have gotten so mad lately that I have started yelling out loud for them to shut the hell up and quiet down and I start banging closet doors loudly. I hate being so childish but why should I have to put up with it when they get to enjoy being on the top floor with no noise above them. I will not resort to earplugs – why in the heck should I not be able to enjoy watching TV, reading a book, or having a friend over? Also, I tried to bring up the lease to my landlord as there is a clause in it about making noise and disturbing the peaceful enjoyment of another tenant and that carpeting or broadloom may need to be installed but the landlord keeps telling me something about the lease will not hold up and the landlord can’t enforce another tenant to install carpeting and management will not forgo the cost either which I find unreasonable. About the lease, they keep saying something along the lines of Civil or Common law supersedes lease contracts or something along that line. I guess they are saying I would need to sue in court for breach of contract – I’m not certain. I feel for anyone who is going through a similar situation it is the absolute worse thing to put up with. I just wish landlords/property management companies had more authority or would do more for the tenants who have to suffer as a result of an uncooperative tenant. If anyone has some ideas on what I can buy that would make enough noise (not a white sound machine they don’t work for this type of noise) to drown out the thumping or even something to drive this tenant nuts that I could tack onto my ceiling I would appreciate it. I don’t want to crank my music or I will get it worse from this tenant. I need to find something that they will think is a structural noise from the building (low buzzing/humming type of sound) – what can I buy?[/FONT]
In your post, you mentioned
" I hate to think about moving ", but then a sentence later you said
"I've already asked if I can move into another apartment..."
If you are ok with moving to another apartment, what is the big deal about moving to another apartment in another building or another complex? If you were going to move to another unit in the same complex(which you tried to), you would have to hire movers anyway. Might as well find a new rental, give your notice, then move to the new place.
This is the solution to all your stress, all your anxiety. It is a fairly easy solution that will probably solve it faster than trying to debate with the tenant and landlord about the noise, or take it to a tribunal...and that avenue might not solve it anyway. Moving will solve it. There is no reason to stay and suffer unless you have many more months on the lease. Even then, I bet the landlord might let you out of the lease early without penalty, given the situation.
That is exactly what we are doing. Our neighbor below us is constantly complaining about us. We are not loud people. We try our best to be accommodating. We don't have people over, we don't have loud music blaring and we always make sure that we abide by the quiet time rules. It is between the hours of 10 pm and 5am. She complains that my daughter is too loud at 7:30 in the morning when she gets up to get ready for school. She is barely awake at that time. The landlord says that we aren't violating our lease in anyway but because I can't live with the constant complaining we are moving. The complex has a bottom floor apt on the other side away from her. It is going to be a pain to move since we just moved here six months ago but it will be worth it. There are some people that are jerks who are noisy because they can be but we are not like that. There are normal living noises that can't be helped. Unfortunately these apartment complexes don't use the proper insulation . Luckily we are getting the chance to move.
Photography, it's pretty futile to post your problems publicly and then try to control what kind of response you get. That's the vices and virtues of posting in a public venue!
Agreed, just his attitude in his responses leads me to believe he's the issue and not the upstairs tenant. My guess is he was the one rude and obnoxious to his upstairs neighbor and now they are doing it all the more for spite...can't blame them really...
That is exactly what we are doing. Our neighbor below us is constantly complaining about us. We are not loud people. We try our best to be accommodating. We don't have people over, we don't have loud music blaring and we always make sure that we abide by the quiet time rules. It is between the hours of 10 pm and 5am. She complains that my daughter is too loud at 7:30 in the morning when she gets up to get ready for school. She is barely awake at that time. The landlord says that we aren't violating our lease in anyway but because I can't live with the constant complaining we are moving. The complex has a bottom floor apt on the other side away from her. It is going to be a pain to move since we just moved here six months ago but it will be worth it. There are some people that are jerks who are noisy because they can be but we are not like that. There are normal living noises that can't be helped. Unfortunately these apartment complexes don't use the proper insulation . Luckily we are getting the chance to move.
Yeah, I've had a similar problem at my apartment unit where I live on the 2nd floor.
I'm often not at home but when I'm home it's at night when I'm extremely quiet. Never had any complaint about that.. but..
Several times on different days but all on the weekend and always around 12 noon, I've gotten loud knocks from the bottom floor. Each time, I've been kinda "loud" but nothing blaring and unreasonable. I'd have the TV on a moderately loud volume while I'm chopping vegetables to cook a meal. I've yet to receive a formal complaint from the landlord or even the people below (they've never ever come up to complain as of my writing.)
Sorry, I just couldn't get past this quote from the OP's lease...
Quote:
Also, tenants shall not play a musical instrument or operate or allow to be operated a phonograph, radio or television set so as to disturb or annoy any other occupant of the building.
Seriously, your lease specifies that you cannot operate a phonograph? Excuse me, Mr. Edison, your lease specifically forbids you to play a phonograph...
And this is where the problem stems from.
Tenants and LL's need to recognize the diff., it would really help.
Honestly, there are people who could live in a house in the middle of nowhere and still compalin about noise....from nature. There are two on this forum that come to mind.....
Honestly, there are people who could live in a house in the middle of nowhere and still compalin about noise....from nature. There are two on this forum that come to mind.....
And there are two threads running on the same subject posted by the OP. Seems his first thread on exactly the same subject drifted off so he started another one. I guess he'll be kept busy dodging between the two answering/combating people's answers which are (and will continue to be) repetitive.
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Man Can I Relate to Loud Neighbours Above
I have been going through hell as well with a very loud heavy walking tenant above me. I have to listen to this extremely loud walking from the time I get home from work until the tenant goes to sleep. The weekends are the worse if I'm home because it goes on all day and night. Not only is it the loud walking, on a few occasions, I've had to listen to loud music & singing (tenant and her guests), furniture dragging loudly across the floor – this happens quite often, items being dropped onto the floor loudly, and shouting/yelling. I can't even sit out on my balcony to get relief because I can still hear the noise. I have to keep all my windows closed, put on the air conditioner the whole time I'm home, and sleep with a fan on every night. I don't know what I'm going to do in the winter time (gets cold her in winter) as I won't be turning the air-conditioner or fan on. I have also tried talking nicely to the tenant but they did not think it was an issue. I have sent the building administrator several complaints in writing and have gone and spoke to them in person several times. The first time I complained about the loud music and singing was on a Sunday evening when it was still going on after [/FONT][FONT=Verdana]11:15pm[/FONT][FONT=Verdana] - I have to be up early for work. When the superintendent tried to knock on the tenant’s door, they would not answer and then they turned the music up louder. This has caused a lot of stress and is affecting my health. I have been getting anxiety attacks, tension headaches and I'm not eating well because when I try to sit down for dinner, the constant thumping on my ceiling makes it too hard to eat as the sound gets into my chest and head. Many times I have to just throw my dinner in the garbage. Even when I'm at work or out, I dread coming home because I don't know how bad it's going to be when I get home. Many times I just sit on my couch or bed and cry. Then there is my poor cat who also can't handle hearing all the thumping and other noise. She is also suffering a great deal and hides in the closet most of the time. Recently, as a last ditch effort after getting so upset and angry, I sat down and wrote out a letter to the tenant and landlord explaining exactly how this is affecting me and that I would be willing to pay for carpeting or mats to be placed in the tenant's apartment. I also stated that if the noise continues, I will have no choice but to take the Landlord to the Rental Tribunal and try to have them enforce carpeting as the tenant has refused to put any type of carpets or mats down on the bare floor of their suite. Well that didn't go over very well - a few days later, I received a note from my Landlord saying the tenant found my letter very threatening and was going to call the cops as they were afraid for their safety - WTF???? I was so angry when I heard this. This tenant is the one who has friends over all the time. I live alone and rarely even have people over because the few times I have, the thumping was so annoying we had to go out. So, here I ponder what the heck to do as I hate to think about moving as I just moved in over a year ago and can't afford moving to my own house. I've already asked if I can move into another apartment but management said no they don't transfer tenants to the same size apartments and that there are none available. One time a few months ago, the landlord came to do a sound test - what a joke! He called the tenant above and advised he was going to listen to them walk from my apartment. The tenant walked once a few steps at a much lighter tread than normal – how in their right mind would walk as heavy & hard as they normally would when they are being listened to for a noise complaint? Sure it's easy for someone else to come in a hear the tenant above me walk for a few seconds and think it's not that bad but try listening to it every single day on top of all the other noises it drives you mad over time. I have started to really get angry now and see no other option besides taking this to the Tribunal or start trying to think of ways to drive the tenant nuts so they can understand what it’s like to hear constant noise. I have gotten so mad lately that I have started yelling out loud for them to shut the hell up and quiet down and I start banging closet doors loudly. I hate being so childish but why should I have to put up with it when they get to enjoy being on the top floor with no noise above them. I will not resort to earplugs – why in the heck should I not be able to enjoy watching TV, reading a book, or having a friend over? Also, I tried to bring up the lease to my landlord as there is a clause in it about making noise and disturbing the peaceful enjoyment of another tenant and that carpeting or broadloom may need to be installed but the landlord keeps telling me something about the lease will not hold up and the landlord can’t enforce another tenant to install carpeting and management will not forgo the cost either which I find unreasonable. About the lease, they keep saying something along the lines of Civil or Common law supersedes lease contracts or something along that line. I guess they are saying I would need to sue in court for breach of contract – I’m not certain. I feel for anyone who is going through a similar situation it is the absolute worse thing to put up with. I just wish landlords/property management companies had more authority or would do more for the tenants who have to suffer as a result of an uncooperative tenant. If anyone has some ideas on what I can buy that would make enough noise (not a white sound machine they don’t work for this type of noise) to drown out the thumping or even something to drive this tenant nuts that I could tack onto my ceiling I would appreciate it. I don’t want to crank my music or I will get it worse from this tenant. I need to find something that they will think is a structural noise from the building (low buzzing/humming type of sound) – what can I buy?[/FONT]
There are two on this forum that come to mind.....
