Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hello. I live in an apartment in Illinois and am hoping to get any input for a situation I'm now in, especially in regards to the lease of our building. I've lived in my building for about 6 years in the bottom floor and have never had a problem with any upstairs neighbors that have come and gone. About a month ago, though, a couple moved in with a child. For weeks, they have made an incredible amount of noise with non-stop screaming, running, and jumping. I have talked to the property manager several times but nothing has come from that.
I know people will suggest moving out and, honestly, at this point, I'm strongly considering it, as annoying as it might be. This is where I have questions about my lease, though. This is actually the first apartment I've ever lived in so I wasn't aware of certain laws until I just now started looking into it. Below, are items from my lease and questions I have about them - some which might help me stay or some that might help me get out of the lease.
1) There is a line in the lease that says no more than 2 people can occupy a unit. If the unit above me is being occupied by a couple AND a child, are they violating the lease? Does a child always count as an occupant?
2) There is a line in the lease that says no children are allowed to live in a unit, unless allowed by the landlord. Is this legal? I've read this is actually against the law but I wonder if the "unless" part of that makes it ok? If this is against the law, would it help me make the lease invalid and help get me out of it?
3) There's a line in the lease about quiet enjoyment. Since the noise is all completely coming from a child, I'm guessing this doesn't matter? I've read children being loud usually doesn't cover this.
4) This is actually more about what is NOT on the lease. There is nothing about "quiet hours". Does this mean the child can make an incredible amount of noise at any hour with no repercussions at all to the tenants?
Are you otherwise happy with the apartment complex and location? Do you think that management would consider letting you move to another apartment in the complex? I have no idea about breaking leases, sorry. I would think a child would count as a person, though.
How long before your lease is up? Do you know if other neighbors are being bothered by the noise?
#3- Is the more feasible one. The standard rule is from 11 pm to 7 am 'quiet enjoyment' is the go to.
The challenge is two fold: has the landlord fully addressed this with the tenant that is causing the disturbance.?
And: How many written concerns have you sent to document this annoyance?
If no attempts on addressing by landlord and documenting have been done. Re start the concerns .
My lease is strict to.the point if the police are called, we must immediately cease disturbance and be on notice. Which means the landlord can remove us at his discretion. (30 day notice).
Normally a person can address it directly with the disturbing party. But my experience has been , the other person creates more havoc or chooses to ignore your peace time.
So sorry you are enduring this. Ear plugs shouldn't be your responsibility . The offending parrty needs to adjust.
1. A child is an occupant, but federal law says they can live in rentals.
2- The child was allowed by your landlord. No, it doesn't help you get out of your lease. That clause might be illegal or it might not. Circumstances vary and are not black and white.
3-Quiet enjoyment doesn't have anything to do with actual noise, so that doesn't help you.
4-There will be some sort of local law about "quiet hours" Normally very late at night until very early in the morning. Again, no help because the police are not going to do anything about a child making noise in the apartment that the child lives in.
If you want out of the lease, read your lease and see what it says about an early termination fee. You can get out of the lease. It probably won't be free to do it, but you aren't chained in that apartment.
Veering a bit off topic: be very sure that you can get a replacement apartment to move to before you start giving notice that you are moving. Many places are having a housing shortage. Landlords all over the country are receiving over 100 inquiries for every vacancy that they advertise.
Also, because of the eviction moratoriums, many landlords have upped their requirements to qualify and it can be difficult to get accepted into a new place to live unless you have excellent credit, sufficient verifiable income, and excellent references. You've been there for six years, so I assume that your landlord would give you a good reference, but there are other things you need, too. If all of your qualifications are good, then you should be OK, but I mention it because you should be aware, before you start packing your bags to move. Don't pack until you have the next location secured.
Hello. I live in an apartment in Illinois and am hoping to get any input for a situation I'm now in, especially in regards to the lease of our building. I've lived in my building for about 6 years in the bottom floor and have never had a problem with any upstairs neighbors that have come and gone. About a month ago, though, a couple moved in with a child. For weeks, they have made an incredible amount of noise with non-stop screaming, running, and jumping. I have talked to the property manager several times but nothing has come from that.
I know people will suggest moving out and, honestly, at this point, I'm strongly considering it, as annoying as it might be. This is where I have questions about my lease, though. This is actually the first apartment I've ever lived in so I wasn't aware of certain laws until I just now started looking into it. Below, are items from my lease and questions I have about them - some which might help me stay or some that might help me get out of the lease.
1) There is a line in the lease that says no more than 2 people can occupy a unit. If the unit above me is being occupied by a couple AND a child, are they violating the lease? Does a child always count as an occupant?
Why do you assume that they have the same lease that you have? Also, illegal to discriminate based on familial status. They can't look at a childless couple any differently than a couple with a kid.
Quote:
Originally Posted by johnochicago
2) There is a line in the lease that says no children are allowed to live in a unit, unless allowed by the landlord. Is this legal? I've read this is actually against the law but I wonder if the "unless" part of that makes it ok? If this is against the law, would it help me make the lease invalid and help get me out of it?
That's most likely illegal unless it's a 55+ bulding. That said, it doesn't invalidate the whole lease, just the clause about kids.
Quote:
Originally Posted by johnochicago
3) There's a line in the lease about quiet enjoyment. Since the noise is all completely coming from a child, I'm guessing this doesn't matter? I've read children being loud usually doesn't cover this.
Hard to say, but tenants aren't allowed to infringe on the quiet enjoyment of other tenants.
Quote:
Originally Posted by johnochicago
4) This is actually more about what is NOT on the lease. There is nothing about "quiet hours". Does this mean the child can make an incredible amount of noise at any hour with no repercussions at all to the tenants?
3-Quiet enjoyment doesn't have anything to do with actual noise, so that doesn't help you.
That's not quite true. It isn't exclusive to noise, nor does the "quiet" refer specifically to noise.
However, excessive noise in certain circumstances can infringe on one's right to quiet enjoyment. Practicing drums at midnight violates the QE of the other tenants, as an example.
Thank you all for the replies! Here's some more information to clear up a few questions.
There are 12 units in our building and they all have people living in them so moving to another unit is not possible. I also signed a renewal on my lease 2 months ago, right before they moved in. Also, while the majority of people living here IS an older crowd, it is not a 55+ building. I'm not up there yet haha.
As far as other neighbors go, I would be shocked if they haven't heard noise while being in the hallway but I have no idea if they can hear anything inside their apartments. To be honest, I can usually clearly hear screaming from the hallway almost anytime of the day but I almost hear no screaming when I'm in my apartment. The constant running and jumping is what really gets to me and that's probably only a problem I encounter since I'm below them.
The landlord here is extremely hands off but we do have a property manager and he's been excellent anytime I needed a repair or other similar issues. I've talked to him 3 times over the phone about the noise and he's told me that he's made the tenants aware but that hasn't made the issue any better. People have suggested putting it in writing instead so I may try that.
If quiet hours are enforceable, this probably won't help me either way, unfortunately. I work odd hours sometimes (and from home since covid) and the noise usually stops from 11pm to 7am. I'm pretty much miserable for any hours outside of that. The worst part of all of this is not being able to concentrate for work and the noise can even be heard by clients and coworkers during my video meetings sometimes.
Overall, I'm losing hope here and I think I'm screwed for the next 10 months. I'm even debating looking into a tenant lawyer to try to get out of my lease but I'm not banking on that.
Don't know about your state, but in VA even though a renter can't withhold rent from a landlord, for properties that do not meet health or safety standards or for material breaches of the lease agreement, a renter can take steps outlined in the law to pay the rent into a court established escrow account until the case is settled. Perhaps your state also has such a caveat. Problem then will be if its a sympathetic judge.
From the VA Code: § 55.1-1234. Noncompliance by landlord
Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with any provision of this chapter, materially affecting health and safety, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if such breach is not remedied in 21 days.
The Code goes on to say that when the landlord is in material breach, the security deposit has to be returned. But in the end, check your state's laws which are most likely complex and exhausting to execute in a case like this.
That child is allowed by law to run back and forth 24/7, jump rope 24/7, and scream at the top of his lungs 24/7. It's unfortunate for anyone who needs to live nearby, but there is no law against a child running and screaming in his own home.
There is, however, something you can do. Clearly, a child screaming is in distress, isn't he? There must be something terrible going on if the child is screaming constantly. You are concerned for this young child's welfare, since he must be in serious distress if he's screaming constantly. If he's screaming, and sounds as if he's in distress, you need to get help for that child. Contact child welfare in your state. DO NOT LIE. Express your concern for the child's welfare, that you are afraid that something terrible is going on, because the child is constantly screaming, and he sounds as if he's in distress.
His parents may be shaken up enough by a visit from a child welfare investigator, to either decide that they really need to live somewhere else, or that they really need to keep the child under control in the apartment.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
