neighbors children drive us nuts 10 hours or more a day

[classiladybarb]

Originally Posted by rego00123

meeting over. to cut to the short of it ( i dont have much time to write everything today) he see's my LL in violation of at least 6 things that can be taken to court over. he is going to contact my LL directly Monday and talk through things with him. if that falls out we have no real choice other then to go to court.

i never meant to imply that low income was low class btw. the fact is these people would have a much nicer SAFER home if they actually used the tools available to them instead of continuing to live in the cramped two bedroom disturbing the entire residence with there noise. my comments where not meant to imply anything other then the reality of the situation.

In that case it looks like you are on the road to finally getting some much needed peace and quiet. Good Luck! I have been there before and know that its no fun dealing with noisy, inconsiderate neighbors. I didn't have an attorney and those I contacted wanted too much money up front.

[rego00123]

well, a little update. i dont have too much time again since living here has put me so far behind in work that i am literally working my weekends away to make up for it =/

the "meeting" went through between the LL and the ATT helping us out. the LL went on to make a bunch of false charges against us up as to why he was not allowing us out. he said we had falsified our copy of the lease to get out of living in the building. we did not. we have the exact copy we where given by his wife. he claimed we added to it a section about pets...

no freaking idea why he says this because we dont give a hoot about pets in the building, not to mention it was made clear in the lease before we moved in that only small pets under 5lb where allowed. the claim just literally makes absoultly no sense and has us scratching our heads as to why he would make this claim up in the first place....further more if we are "trouble" tenants why does he want to keep us here in his building lol

he claims he has phoned the others in the building about running at 5 and 6am throughout the house. we have talked to the people downstairs and they claim they haven't spoke to him in over a month and a half. they also apologized for the noise (which was nice) but it was also clear they are not going anywhere anytime soon since they cannot even afford to have this new child on the way. they basically shrugged their shoulders at the thought of the new baby on the way and quickly changed the topic like it was taboo....whatever i suppose.

we are officially breaking lease next week and staying at a hotel until we can find a suitable place. the attorney is going to take this on free of charge because he himself is pissed off at all the things we have gone through here and the big pile of evidence we have makes him feel more then confident that the outcome will be in our favor.

our landlord has nothing in defense for evidence other then the claims he made to the ATT over the phone. i would LOVE to see him come to court with a revised lease that is different then ours because we also have a copy of the lease from the people downstairs to go along with ours =D

anywho, its almost over. i think im going to try and enjoy the hilarity of what happens once this is taken public. i cant help but try and laugh at all this at this point. it has been so ridiculous that i cant even be angry anymore....all i can do it laugh

[STT Resident]

Thanks so much for the update! It sounds as though the LL knows zilch about his responsibilities and has been sailing along oblivious to landlord tenant laws because nobody has ever challenged him. You will look back and laugh up a storm once this is all over. All the best as this saga plays itself out!

[JanND]

Originally Posted by rego00123

the thing is the laws here restrict the amount of people that can live in a 2 bedroom and these people are over that amount now. the landlord will not let us out we have talked to them already. when we explain that his wife (the one that showed us the house, which is a fourplex btw) never told us about the children when we specifically ASKED about children noise and smokers, he just tells us that doesn't sound like his wife and refuses to talk about it anymore. he also seems to love the line "they have grown into this place we cant do anything about them" which to me shows clear favoritism and a lack to of motivation to even hear us out properly....i wasn't aware you "grew into" apartments as much as you grew out of them.

as it turns out that the last tenants moved out for this very reason. when we asked why they moved out while viewing this place we where told they moved out because of a "family emergency" not because of noise levels....unless they where trying to be cleaver with us and make some ill advised pun on the matter. since then we have gone as far as to find them and ask why it was they moved and this was the answer. landlord would not take complaints seriously or respond to us so we left and told them to take us to court

the whole reason we moved here was to get away from noise and cigarette/pot smoke and because they specifically wanted "mature low noise adults who do not smoke"

well, not only do we now have to deal with pot smoke from the neighbor beside us we also have to deal with the sound of 3 small children running and yelling around a 2 bedroom apartment everyday.
it is in our lease that tenants will be evicted if caught smoking or disturbing other tenants with "excessive" amounts of noise. one of they excessive noises is outlined clearly as running inside.

when we confronted about the smoke we have been told "we will call him we told them they have to smoke it on their porch" which hasn't worked. the slaps on the wrist just stop them for that day. as far as i know it is against the law for out landlord to knowingly allow illegal activity on the premiss...and of course this also breaks the lease.

im more upset that we have essentially been duped into moving here after looking 5 months for a place and now that we have issues that where clearly known about, we get nothing but excuses and clear by law and lease breaches.
to give you an idea of how bad the nose is. we can hear them talk to one another word for word (because they yell across the house) and we live next to train tracks. it is clear that part of the problem here is this place is not properly soundproofed and is just drywall and brick. if WE (heaven forbid) do make any noise (normal noise mind you) they are the first people to bang on the walls as if our walking to the bathroom is totally destroying their day.
we are looking for new places (as we have been since the first week we moved in and told them this was unacceptable we have been treated this way and been given misinformation) but without being let out its pointless

so to lay it out in bullet points:

LL allowing more then legally described to live in the 2 bedroom below.
LL ignores complaints from other tenants about them (including the people beside us)
LL lied to us about why people have moved out when asked directly.
LL dismissed noise and children in the building when asked before moving in
LL allows pot smoking even after the 20th time its happened (lease described a no tolerance policy on drug us and smoking)
LL clearly in breach of his own lease and city by laws but wont allow us out.

Take them to court...w/ all your evidence. Demand to be let out of your lease for the reasons you provided and any other evidence. Hopefully you can get your deposits back and move.

[STT Resident]

Originally Posted by JanND

Take them to court...w/ all your evidence. Demand to be let out of your lease for the reasons you provided and any other evidence. Hopefully you can get your deposits back and move.

See OP's update today.